1. This act applies to a power of attorney created before,
on or after October 1, 2009.

2. This act applies to a judicial proceeding concerning a
power of attorney commenced on or after October 1, 2009.

3. This act applies to a judicial proceeding concerning a
power of attorney commenced before October 1, 2009, unless the court finds that
the application of a provision of this act would substantially interfere with
the effective conduct of the judicial proceeding or prejudice the rights of a
party, in which case that provision does not apply and the superseded law
applies.

4. An act done before October 1, 2009, is not affected by
this act.

________

CHAPTER 65, SB 342

Senate Bill No.
342Committee on Health and Education

CHAPTER 65

AN ACT
relating to the protection of children; expanding the relatives who receive
preference when a child is placed in the custody of a person other than the
parent of the child by a court, an agency which provides child welfare services
or other person; and providing other matters properly relating thereto.

[Approved: May 11,
2009]

Legislative Counsels Digest:

Existing law requires courts, agencies which provide
child welfare services and others to give preference to relatives within the
third degree of consanguinity when placing a child in the custody of a person
other than the parent. (NRS 62C.010, 62E.120, 62E.170, 125.480, 432B.390,
432B.480, 432B.550) Sections 1-7 of this bill expand the relatives who
receive such preference to include relatives within the fifth degree of
consanguinity. Section 8 of this bill similarly authorizes such preference
when placing a child whose parents have had their parental rights terminated.
(NRS 128.110)

432B.390 1. An agent or officer of a law enforcement
agency, an officer of the local juvenile probation department or the local
department of juvenile services, or a designee of an agency which provides
child welfare services:

(a) May place a child in protective custody without the
consent of the person responsible for the childs welfare if he has reasonable
cause to believe that immediate action is necessary to protect the child from
injury, abuse or neglect.

(b) Shall place a child in protective custody upon the
death of a parent of the child, without the consent of the person responsible
for the welfare of the child, if the agent, officer or designee has reasonable
cause to believe that the death of the parent of the child is or may be the
result of an act by the other parent that constitutes domestic violence
pursuant to NRS 33.018.

2. When an agency which provides child welfare
services receives a report pursuant to subsection 2 of NRS 432B.630, a designee
of the agency which provides child welfare services shall immediately place the
child in protective custody.

3. If there is reasonable cause to believe that the
death of a parent of a child is or may be the result of an act by the other
parent that constitutes domestic violence pursuant to NRS 33.018, a protective
custody hearing must be held pursuant to NRS 432B.470, whether the child was
placed in protective custody or with a relative. If an agency other than an
agency which provides child welfare services becomes aware that there is
reasonable cause to believe that the death of a parent of a child is or may be
the result of an act by the other parent that constitutes domestic violence
pursuant to NRS 33.018, that agency shall immediately notify the agency which
provides child welfare services and a protective custody hearing must be
scheduled.

4. An agency which provides child welfare services
shall request the assistance of a law enforcement agency in the removal of a
child if the agency has reasonable cause to believe that the child or the
person placing the child in protective custody may be threatened with harm.

5. Before taking a child for placement in protective
custody, the person taking the child shall show his identification to any
person who is responsible for the child and is present at the time the child is
taken. If a person who is responsible for the child is not present at the time
the child is taken, the person taking the child shall show his identification
to any other person upon request. The identification required by this
subsection must be a single card that contains a photograph of the person
taking the child and identifies him as a person authorized pursuant to this
section to place a child in protective custody.

6. A child placed in protective custody pending an
investigation and a hearing held pursuant to NRS 432B.470 must be placed in a
hospital, if the child needs hospitalization, or in a shelter, which may
include, without limitation, a foster home or other home or facility which
provides care for those children, except as otherwise provided in NRS
432B.3905. Such a child must not be placed in a jail or other place for detention,
incarceration or residential care of persons convicted of a crime or children
charged with delinquent acts.

(a) Immediately take steps to protect all other
children remaining in the home or facility, if necessary;

(b) Immediately make a reasonable effort to inform the
person responsible for the childs welfare that the child has been placed in
protective custody;

(c) Give preference in placement of the child to any
person related within the [third]fifth degree of consanguinity to the child who
is suitable and able to provide proper care and guidance for the child,
regardless of whether the relative resides within this State; and

(d) As soon as practicable, inform the agency which
provides child welfare services and the appropriate law enforcement agency,
except that if the placement violates the provisions of NRS 432B.3905, the
person shall immediately provide such notification.

8. If a child is placed with any person who resides
outside this State, the placement must be in accordance with NRS 127.330.

Sec. 2. NRS
432B.480 is hereby amended to read as follows:

432B.480 1. At each hearing conducted pursuant to NRS
432B.470:

(a) At the commencement of the hearing, the court shall
advise the parties of their right to be represented by an attorney and of their
right to present evidence.

(b) The court shall determine whether there is
reasonable cause to believe that it would be:

(1) Contrary to the welfare of the child for him
to reside at his home; or

(2) In the best interests of the child to place
him outside of his home.

Κ The court
shall prepare an explicit statement of the facts upon which each of its
determinations is based. If the court makes an affirmative finding regarding
either subparagraph (1) or (2), the court shall issue an order keeping the
child in protective custody pending a disposition by the court.

(c) The court shall determine whether the child has
been placed in a home or facility that complies with the requirements of NRS
432B.3905. If the placement does not comply with the requirements of NRS
432B.3905, the court shall establish a plan with the agency which provides
child welfare services for the prompt transfer of the child into a home or
facility that complies with the requirements of NRS 432B.3905.

2. If the court issues an order keeping the child in
protective custody pending a disposition by the court and it is in the best
interests of the child, the court may:

(a) Place the child in the temporary custody of a
grandparent, great-grandparent or other person related within the [third]fifth degree of
consanguinity to the child who the court finds has established a meaningful
relationship with the child, with or without supervision upon such conditions
as the court prescribes, regardless of whether the relative resides within this
State; or

(b) Grant the grandparent, great-grandparent or other
person related within the [third]fifth degree of consanguinity to the child a
reasonable right to visit the child while he is in protective custody.

3. If the court finds that the best interests of the
child do not require that the child remain in protective custody, the court
shall order his immediate release.

4. If a child is placed with any person who resides
outside this State, the placement must be in accordance with NRS 127.330.

Sec. 3. NRS 432B.550 is hereby amended to read as
follows:

432B.550 1. If the court finds that a child is in
need of protection, it may, by its order, after receipt and review of the
report from the agency which provides child welfare services:

(a) Permit the child to remain in the temporary or
permanent custody of his parents or a guardian with or without supervision by
the court or a person or agency designated by the court, and with or without
retaining jurisdiction of the case, upon such conditions as the court may
prescribe;

(b) Place him in the temporary or permanent custody of
a relative or other person who the court finds suitable to receive and care for
him with or without supervision, and with or without retaining jurisdiction of
the case, upon such conditions as the court may prescribe; or

(c) Place him in the temporary custody of a public
agency or institution authorized to care for children, the local juvenile
probation department, the local department of juvenile services or a private
agency or institution licensed by the Department of Health and Human Services
or a county whose population is 100,000 or more to care for such a child.

Κ In carrying
out this subsection, the court may, in its sole discretion and in compliance
with the requirements of chapter 159 of NRS, consider an application for the
guardianship of the child. If the court grants such an application, it may
retain jurisdiction of the case or transfer the case to another court of
competent jurisdiction.

2. If, pursuant to subsection 1, a child is placed
other than with a parent:

(a) The parent retains the right to consent to
adoption, to determine the childs religious affiliation and to reasonable
visitation, unless restricted by the court. If the custodian of the child
interferes with these rights, the parent may petition the court for enforcement
of his rights.

(b) The court shall set forth good cause why the child
was placed other than with a parent.

3. If, pursuant to subsection 1, the child is to be
placed with a relative, the court may consider, among other factors, whether
the child has resided with a particular relative for 3 years or more before the
incident which brought the child to the courts attention.

4. Except as otherwise provided in this subsection, a
copy of the report prepared for the court by the agency which provides child
welfare services must be sent to the custodian and the parent or legal
guardian. If the child was delivered to a provider of emergency services
pursuant to NRS 432B.630 and the location of the parent is unknown, the report
need not be sent to that parent.

5. In determining the placement of a child pursuant to
this section, if the child is not permitted to remain in the custody of his
parents or guardian:

(a) It must be presumed to be in the best interests of
the child to be placed together with his siblings.

(b) Preference must be given to placing the child with
any person related within the [third]fifth degree of consanguinity to the child who
is suitable and able to provide proper care and guidance for the child, regardless
of whether the relative resides within this State.

Κ Any search for a relative with whom to place a
child pursuant to this section must be completed within 1 year after the
initial placement of the child outside of his
home.

child outside of his
home. If a child is placed with any person who resides outside of this State,
the placement must be in accordance with NRS 127.330.

6. Within 60 days after the removal of a child from
his home, the court shall:

(a) Determine whether:

(1) The agency which provides child welfare
services has made the reasonable efforts required by paragraph (a) of
subsection 1 of NRS 432B.393; or

(2) No such efforts are required in the
particular case; and

(b) Prepare an explicit statement of the facts upon
which its determination is based.

Sec. 4. NRS
62C.010 is hereby amended to read as follows:

62C.010 Except as otherwise provided in this title and
NRS 484.383:

1. A peace officer or probation officer may take into
custody any child:

(a) Who the officer has probable cause to believe is
violating or has violated any state or local law, ordinance, or rule or
regulation having the force of law; or

(b) Whose conduct indicates that the child is in need
of supervision.

2. If a child is taken into custody:

(a) The officer shall, without undue delay, attempt to
notify, if known, the parent or guardian of the child;

(b) The facility in which the child is detained shall,
without undue delay:

(1) Notify a probation officer; and

(2) Attempt to notify, if known, the parent or
guardian of the child if such notification was not accomplished pursuant to
paragraph (a); and

(c) Unless it is impracticable or inadvisable or has
been otherwise ordered by the juvenile court, the child must be released to the
custody of a parent or guardian or another responsible adult who has signed a
written agreement to bring the child before the juvenile court at a time stated
in the agreement or as the juvenile court may direct. The written agreement
must be submitted to the juvenile court as soon as possible. If the person
fails to produce the child at the time stated in the agreement or upon a
summons from the juvenile court, a writ may be issued for the attachment of the
person or of the child requiring that the person or child, or both, be brought
before the juvenile court at a time stated in the writ.

3. If a child who is taken into custody is not
released pursuant to subsection 2:

(a) The child must be taken without unnecessary delay
to:

(1) The juvenile court; or

(2) The place of detention designated by the
juvenile court and, as soon as possible thereafter, the fact of detention must
be reported to the juvenile court; and

(b) Pending further disposition of the case, the
juvenile court may order that the child be:

(1) Released to the custody of a parent or
guardian or another person appointed by the juvenile court;

(2) Detained in a place designated by the
juvenile court, subject to further order of the juvenile court; or

(3) Conditionally released for supervised
detention at the home of the child in lieu of detention at a facility for the
detention of children. The supervised detention at the home of the child may
include electronic surveillance of the child.

4. In determining whether to release a child pursuant
to this section to a person other than a parent or guardian, the juvenile court
shall give preference to any person who is related to the child within the [third]fifth degree of
consanguinity if the juvenile court finds that the person is suitable and able
to provide proper care and guidance for the child.

Sec. 5. NRS
62E.120 is hereby amended to read as follows:

62E.120 In determining whether to place a child in the
custody of a person other than a parent or guardian, the juvenile court shall
give preference to any person who is related to the child within the [third]fifth degree of
consanguinity if the juvenile court finds that the person is suitable and able
to provide proper care and guidance for the child.

Sec. 6. NRS
62E.170 is hereby amended to read as follows:

62E.170 1. Except as otherwise provided in this
section, if the juvenile court places a child in a foster home or other similar
institution, the juvenile court shall review the placement at least
semiannually for the purpose of determining whether:

(a) Continued placement or supervision is in the best
interests of the child and the public; and

(b) The child is being treated fairly.

2. In conducting the review, the juvenile court may:

(a) Require a written report from the childs
protective services officer, welfare worker or other guardian of the child
which includes, but is not limited to, an evaluation of the progress of the
child and recommendations for further supervision, treatment or rehabilitation.

(b) Request any information or statements that the
juvenile court deems necessary for the review.

3. The juvenile court shall hold dispositional
hearings not later than 18 months after the review required by subsection 1,
and at least annually thereafter.

(a) The child should be returned to his parent or
guardian or other relatives;

(b) The childs placement in the foster home or other
similar institution should be continued;

(c) The child should be placed for adoption or under a
legal guardianship; or

(d) The child should remain in the foster home or other
similar institution on a long-term basis.

5. The provisions of this section do not apply to the
placement of a child in the home of the childs parent or parents.

6. This section does not limit the power of the
juvenile court to order a review or similar proceeding under subsection 1 other
than semiannually.

7. In determining the placement of the child pursuant
to this section, the juvenile court shall give preference to any person who is
related to the child within the [third]fifth degree of consanguinity if the juvenile
court finds that the person is suitable and able to provide proper care and
guidance for the child.

Sec. 7. NRS
125.480 is hereby amended to read as follows:

125.480 1. In determining custody of a minor child in
an action brought under this chapter, the sole consideration of the court is
the best interest of the child.

interest of the child. If it appears to the court that joint
custody would be in the best interest of the child, the court may grant custody
to the parties jointly.

2. Preference must not be given to either parent for
the sole reason that the parent is the mother or the father of the child.

3. The court shall award custody in the following
order of preference unless in a particular case the best interest of the child
requires otherwise:

(a) To both parents jointly pursuant to NRS 125.490 or
to either parent. If the court does not enter an order awarding joint custody
of a child after either parent has applied for joint custody, the court shall
state in its decision the reason for its denial of the parents application.

(b) To a person or persons in whose home the child has
been living and where the child has had a wholesome and stable environment.

(c) To any person related within the [third]fifth degree of
consanguinity to the child whom the court finds suitable and able to provide
proper care and guidance for the child, regardless of whether the relative
resides within this State.

(d) To any other person or persons whom the court finds
suitable and able to provide proper care and guidance for the child.

4. In determining the best interest of the child, the
court shall consider and set forth its specific findings concerning, among
other things:

(a) The wishes of the child if the child is of
sufficient age and capacity to form an intelligent preference as to his
custody.

(b) Any nomination by a parent or a guardian for the
child.

(c) Which parent is more likely to allow the child to
have frequent associations and a continuing relationship with the noncustodial
parent.

(d) The level of conflict between the parents.

(e) The ability of the parents to cooperate to meet the
needs of the child.

(f) The mental and physical health of the parents.

(g) The physical, developmental and emotional needs of
the child.

(h) The nature of the relationship of the child with
each parent.

(i) The ability of the child to maintain a relationship
with any sibling.

(j) Any history of parental abuse or neglect of the
child or a sibling of the child.

(k) Whether either parent or any other person seeking
custody has engaged in an act of domestic violence against the child, a parent
of the child or any other person residing with the child.

5. Except as otherwise provided in subsection 6 or NRS
125C.210, a determination by the court after an evidentiary hearing and finding
by clear and convincing evidence that either parent or any other person seeking
custody has engaged in one or more acts of domestic violence against the child,
a parent of the child or any other person residing with the child creates a
rebuttable presumption that sole or joint custody of the child by the
perpetrator of the domestic violence is not in the best interest of the child.
Upon making such a determination, the court shall set forth:

(a) Findings of fact that support the determination
that one or more acts of domestic violence occurred; and

(b) Findings that the custody or visitation arrangement
ordered by the court adequately protects the child and the parent or other
victim of domestic violence who resided with the child.

6. If after an evidentiary hearing held pursuant to
subsection 5 the court determines that each party has engaged in acts of
domestic violence, it shall, if possible, then determine
which person was the primary physical aggressor.

if possible, then determine which person was the primary
physical aggressor. In determining which party was the primary physical
aggressor for the purposes of this section, the court shall consider:

(a) All prior acts of domestic violence involving
either party;

(b) The relative severity of the injuries, if any,
inflicted upon the persons involved in those prior acts of domestic violence;

(c) The likelihood of future injury;

(d) Whether, during the prior acts, one of the parties
acted in self-defense; and

(e) Any other factors which the court deems relevant to
the determination.

Κ In such a
case, if it is not possible for the court to determine which party is the
primary physical aggressor, the presumption created pursuant to subsection 5
applies to both parties. If it is possible for the court to determine which
party is the primary physical aggressor, the presumption created pursuant to
subsection 5 applies only to the party determined by the court to be the
primary physical aggressor.

7. As used in this section, domestic violence means
the commission of any act described in NRS 33.018.

Sec. 8. NRS
128.110 is hereby amended to read as follows:

128.110 1. Whenever the procedure described in this
chapter has been followed, and upon finding grounds for the termination of
parental rights pursuant to NRS 128.105 at a hearing upon the petition, the
court shall make a written order, signed by the judge presiding in the court,
judicially depriving the parent or parents of the custody and control of, and
terminating the parental rights of the parent or parents with respect to the
child, and declaring the child to be free from such custody or control, and
placing the custody and control of the child in some person or agency qualified
by the laws of this State to provide services and care to children, or to
receive any children for placement.

2. If the child is placed in the custody and control
of a person or agency qualified by the laws of this State to receive children
for placement, the person or agency, in seeking to place the child:

(a) May give preference to the placement of the child
with any person related within the [third]fifth degree of
consanguinity to the child whom the person or agency finds suitable and able to
provide proper care and guidance for the child, regardless of whether the
relative resides within this State.

(b) Shall, if practicable, give preference to the
placement of the child together with his siblings.

Κ Any search
for a relative with whom to place a child pursuant to this subsection must be
completed within 1 year after the initial placement of the child outside of his
home.

Sec. 9. This act becomes effective on July 1, 2009.

________

κ2009
Statutes of Nevada, Page 221κ

CHAPTER 66, SB 344

Senate Bill No.
344Committee on Health and Education

CHAPTER 66

AN ACT
relating to child welfare; authorizing the Director of the Department of Health
and Human Services to create an interagency committee to evaluate the child welfare
system; and providing other matters properly relating thereto.

[Approved: May 11,
2009]

Legislative Counsels Digest:

This bill authorizes the Director of the Department of
Health and Human Services to create an interagency committee to review the
child welfare system and make recommendations for changes in the system. This
bill further authorizes such an interagency committee to submit one request for
the preparation of a bill draft directly to the Legislative Counsel by
September 1 of an even-numbered year. This bill also requires such an
interagency committee to prepare a written report to be submitted to the
Legislature.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
432B of NRS is hereby amended by adding thereto a new section to read as
follows:

1. The
Director of the Department of Health and Human Services may create an
interagency committee to evaluate the child welfare system in this State. Any
such evaluation must include, without limitation, a review of state laws to
ensure that the state laws comply with federal law and to ensure that the state
laws reflect the current practices of each agency which provides child welfare
services and others involved in the child welfare system.

2. The
Director may appoint as many members to the interagency committee as he deems
appropriate except that the members of such a committee must include, without
limitation, at least one person to represent:

(a) Each agency
which provides child welfare services;

(b) The
Department of Education;

(c) The
juvenile justice system;

(d) Law
enforcement; and

(e) Providers
of treatment or services for persons in the child welfare system.

3. The
interagency committee created pursuant to subsection 1 may directly request the
Legislative Counsel and the Legal Division of the Legislative Counsel Bureau to
prepare one legislative measure for a regular legislative session if it
determines that changes in legislation are necessary. Any such request must be
submitted to the Legislative Counsel on or before September 1 preceding the
commencement of a regular session of the Legislature. Upon completion of the
proposed legislation, the Legislative Counsel shall transmit any legislative
measure prepared pursuant to this subsection to the appropriate standing
committee of the Assembly or Senate within the first week of the next regular
legislative session for introduction.

4. The
interagency committee created pursuant to subsection 1 shall, on or before
January 1 of each odd-numbered year after it is created, submit to the Director
of the Legislative Counsel Bureau a written report for transmittal to the
Chairmen of the Assembly and Senate Standing Committees on Judiciary, the
Chairman of the Assembly Committee on Health and Human Services and the
Chairman of the Senate Committee on Health and Education.

Sec. 2. This act becomes effective on July 1, 2009.

________

CHAPTER 67, AB 59

Assembly Bill No.
59Committee on Judiciary

CHAPTER 67

AN ACT
relating to child custody; creating a rebuttable presumption against an award
of custody or unsupervised visitation for a person who has committed an act of
abduction against a child; and providing other matters properly relating
thereto.

[Approved: May 11,
2009]

Legislative Counsels Digest:

Existing law provides that an award of child custody or
visitation may only be made by considering the best interest of the child. (NRS
125.480, 125C.010) Further, existing law creates a rebuttable presumption that
sole or joint custody of a child by a perpetrator of domestic violence is not
in the best interest of the child. (NRS 125.480, 125C.230, 432B.157) Section
1 of this bill, for cases involving divorce or other dissolution of
marriage: (1) creates a similar rebuttable presumption against awarding sole or
joint custody or unsupervised visitation to a perpetrator of an act of
abduction against his child or any other child; (2) defines the term
abduction; (3) provides certain acts that constitute conclusive evidence of
an act of abduction; and (4) requires a court to follow certain procedures
concerning how to determine custody when, after a final order of custody has
been entered, a magistrate determines probable cause exists that a party to the
custody proceeding has committed an act of abduction against the child or any
other child. Sections 2 and 3 of this bill incorporate the same
presumption and provisions into chapter 125C of NRS concerning custody and
visitation and chapter 432B of NRS concerning protection of children from abuse
and neglect.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
125.480 is hereby amended to read as follows:

125.480 1. In determining custody of a minor child in
an action brought under this chapter, the sole consideration of the court is
the best interest of the child. If it appears to the court that joint custody
would be in the best interest of the child, the court may grant custody to the
parties jointly.

2. Preference must not be given to either parent for
the sole reason that the parent is the mother or the father of the child.

3. The court shall award custody in the following
order of preference unless in a particular case the best interest of the child
requires otherwise:

(a) To both parents jointly pursuant to NRS 125.490 or
to either parent. If the court does not enter an order awarding joint custody
of a child after either parent has applied for joint custody, the court shall
state in its decision the reason for its denial of the parents application.

(b) To a person or persons in whose home the child has
been living and where the child has had a wholesome and stable environment.

(c) To any person related within the third degree of
consanguinity to the child whom the court finds suitable and able to provide
proper care and guidance for the child, regardless of whether the relative
resides within this State.

(d) To any other person or persons whom the court finds
suitable and able to provide proper care and guidance for the child.

4. In determining the best interest of the child, the
court shall consider and set forth its specific findings concerning, among
other things:

(a) The wishes of the child if the child is of
sufficient age and capacity to form an intelligent preference as to his
custody.

(b) Any nomination by a parent or a guardian for the
child.

(c) Which parent is more likely to allow the child to
have frequent associations and a continuing relationship with the noncustodial
parent.

(d) The level of conflict between the parents.

(e) The ability of the parents to cooperate to meet the
needs of the child.

(f) The mental and physical health of the parents.

(g) The physical, developmental and emotional needs of
the child.

(h) The nature of the relationship of the child with
each parent.

(i) The ability of the child to maintain a relationship
with any sibling.

(j) Any history of parental abuse or neglect of the
child or a sibling of the child.

(k) Whether either parent or any other person seeking
custody has engaged in an act of domestic violence against the child, a parent
of the child or any other person residing with the child.

(l) Whether
either parent or any other person seeking custody has committed any act of
abduction against the child or any other child.

5. Except as otherwise provided in subsection 6 or NRS
125C.210, a determination by the court after an evidentiary hearing and finding
by clear and convincing evidence that either parent or any other person seeking
custody has engaged in one or more acts of domestic violence against the child,
a parent of the child or any other person residing with the child creates a
rebuttable presumption that sole or joint custody of the child by the
perpetrator of the domestic violence is not in the best interest of the child.
Upon making such a determination, the court shall set forth:

(a) Findings of fact that support the determination
that one or more acts of domestic violence occurred; and

(b) Findings that the custody or visitation arrangement
ordered by the court adequately protects the child and the parent or other
victim of domestic violence who resided with the child.

6. If after an evidentiary hearing held pursuant to
subsection 5 the court determines that each party has engaged in acts of
domestic violence, it shall, if possible, then determine which person was the
primary physical aggressor. In determining which party was the primary physical
aggressor for the purposes of this section, the court shall consider:

(b) The relative severity of the injuries, if any,
inflicted upon the persons involved in those prior acts of domestic violence;

(c) The likelihood of future injury;

(d) Whether, during the prior acts, one of the parties
acted in self-defense; and

(e) Any other factors which the court deems relevant to
the determination.

Κ In such a
case, if it is not possible for the court to determine which party is the
primary physical aggressor, the presumption created pursuant to subsection 5
applies to both parties. If it is possible for the court to determine which
party is the primary physical aggressor, the presumption created pursuant to
subsection 5 applies only to the party determined by the court to be the
primary physical aggressor.

7. A
determination by the court after an evidentiary hearing and finding by clear
and convincing evidence that either parent or any other person seeking custody
has committed any act of abduction against the child or any other child creates
a rebuttable presumption that sole or joint custody or unsupervised visitation
of the child by the perpetrator of the abduction is not in the best interest of
the child. If the parent or other person seeking custody does not rebut the
presumption, the court shall not enter an order for sole or joint custody or
unsupervised visitation of the child by the perpetrator and the court shall set
forth:

(a) Findings
of fact that support the determination that one or more acts of abduction
occurred; and

(b) Findings
that the custody or visitation arrangement ordered by the court adequately
protects the child and the parent or other person from whom the child was
abducted.

8. For
purposes of subsection 7, any of the following acts constitute conclusive
evidence that an act of abduction occurred:

(a) A
conviction of the defendant of any violation of NRS 200.310 to 200.340,
inclusive, or 200.359 or a law of any other jurisdiction that prohibits the
same or similar conduct;

(b) A plea
of guilty or nolo contendere by the defendant to any violation of NRS 200.310
to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that
prohibits the same or similar conduct; or

(c) An
admission by the defendant to the court of the facts contained in the charging
document alleging a violation of NRS 200.310 to 200.340, inclusive, or 200.359
or a law of any other jurisdiction that prohibits the same or similar conduct.

9. If,
after a court enters a final order concerning custody of the child, a
magistrate determines there is probable cause to believe that an act of
abduction has been committed against the child or any other child and that a
person who has been awarded sole or joint custody or unsupervised visitation of
the child has committed the act, the court shall, upon a motion to modify the
order concerning custody, reconsider the previous order concerning custody
pursuant to subsections 7 and 8.

10. As
used in this section[,
domestic]:

(a) Abduction
means the commission of an act described in NRS 200.310 to 200.340, inclusive,
or 200.359 or a law of any other jurisdiction that prohibits the same or
similar conduct.

(b) Domestic
violence means the commission of any act described in NRS
33.018.

Sec. 2. Chapter
125C of NRS is hereby amended by adding thereto a new section to read as
follows:

1. A
determination by the court after an evidentiary hearing and finding by clear
and convincing evidence that either parent or any other person seeking custody
of a child has committed any act of abduction against the child or any other
child creates a rebuttable presumption that sole or joint custody or
unsupervised visitation of the child by the perpetrator of the abduction is not
in the best interest of the child. If the parent or other person seeking
custody does not rebut the presumption, the court shall not enter an order for
sole or joint custody or unsupervised visitation of the child by the
perpetrator and the court shall set forth:

(a) Findings
of fact that support the determination that one or more acts of abduction
occurred; and

(b) Findings
that the custody or visitation arrangement ordered by the court adequately
protects the child and the parent or other person from whom the child was
abducted.

2. For
purposes of subsection 1, any of the following acts constitute conclusive
evidence that an act of abduction occurred:

(a) A
conviction of the defendant of any violation of NRS 200.310 to 200.340,
inclusive, or 200.359 or a law of any other jurisdiction that prohibits the
same or similar conduct;

(b) A plea
of guilty or nolo contendere by the defendant to any violation of NRS 200.310
to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that
prohibits the same or similar conduct; or

(c) An
admission by the defendant to the court of the facts contained in the charging
document alleging a violation of NRS 200.310 to 200.340, inclusive, or 200.359
or a law of any other jurisdiction that prohibits the same or similar conduct.

3. If, after a
court enters a final order concerning custody of the child, a magistrate
determines there is probable cause to believe that an act of abduction has been
committed against the child or any other child and that a person who has been
awarded sole or joint custody or unsupervised visitation of the child has
committed the act, the court shall, upon a motion to modify the order
concerning custody, reconsider the previous order concerning custody pursuant
to subsections 1 and 2.

4. As used in
this section, abduction means the commission of an act described in NRS
200.310 to 200.340, inclusive, or 200.359 or a law of any other jurisdiction
that prohibits the same or similar conduct.

Sec. 3. Chapter
432B of NRS is hereby amended by adding thereto a new section to read as
follows:

1. A
determination by the court after an evidentiary hearing and finding by clear
and convincing evidence that either parent or any other person seeking custody
of a child has committed any act of abduction against the child or any other
child creates a rebuttable presumption that sole or joint custody or
unsupervised visitation of the child by the perpetrator of the abduction is not
in the best interest of the child. If the parent or other person seeking custody
does not rebut the presumption, the court shall not enter an order for sole or
joint custody or unsupervised visitation of the child by the perpetrator and
the court shall set forth:

(a) Findings
of fact that support the determination that one or more acts of abduction
occurred; and

(b) Findings
that the custody or visitation arrangement ordered by the court adequately protects
the child and the parent or other person from whom the child was abducted.

2. For
purposes of subsection 1, any of the following acts constitute conclusive
evidence that an act of abduction occurred:

(a) A
conviction of the defendant of any violation of NRS 200.310 to 200.340,
inclusive, or 200.359 or a law of any other jurisdiction that prohibits the
same or similar conduct;

(b) A plea
of guilty or nolo contendere by the defendant to any violation of NRS 200.310
to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that
prohibits the same or similar conduct; or

(c) An
admission by the defendant to the court of the facts contained in the charging
document alleging a violation of NRS 200.310 to 200.340, inclusive, or 200.359
or a law of any other jurisdiction that prohibits the same or similar conduct.

3. If, after a
court enters a final order concerning custody of the child, a magistrate
determines there is probable cause to believe that an act of abduction has been
committed against the child or any other child and that a person who has been
awarded sole or joint custody or unsupervised visitation of the child has
committed the act, the court shall, upon a motion to modify the order
concerning custody, reconsider the previous order concerning custody pursuant
to subsections 1 and 2.

4. A court,
agency, institution or other person who places a child in protective custody
shall not release a child to the custody of a person who a court has determined
pursuant to this section has engaged in one or more acts of abduction against
the child or any other child, unless a court determines that it is in the best
interest of the child for the perpetrator of the abduction to have custody of
the child.

5. As used in
this section, abduction means the commission of an act described in NRS 200.310
to 200.340, inclusive, or 200.359 or a law of any other jurisdiction that
prohibits the same or similar conduct.

Sec. 4. This act becomes effective upon passage and
approval.

________

κ2009
Statutes of Nevada, Page 227κ

CHAPTER 68, AB 120

Assembly Bill No.
120Committee on Judiciary

CHAPTER 68

AN ACT
relating to protective orders; authorizing a victim of a sexual assault to seek
a protective order against the person who allegedly committed the sexual assault;
establishing procedures for obtaining such orders; providing penalties; and
providing other matters properly relating thereto.

[Approved: May 11,
2009]

Legislative Counsels Digest:

Existing law authorizes a victim of stalking, harassment
or aggravated stalking to seek a temporary or extended protective order against
the person who allegedly committed the crime against the victim. (NRS 200.591)
Existing law also: (1) provides for the deferment of fees related to such
orders; (2) fixes the duration of such orders; (3) provides for such orders to
be transmitted to and enforced by law enforcement; and (4) requires the court
to provide a victim with a copy of the court order if a condition of the
defendants sentence restricts the ability of the defendant to have contact
with the victim. (NRS 200.592-200.601)

Section 3 of this bill similarly authorizes a
victim of sexual assault to seek a temporary or extended order of protection
against the person who allegedly committed the sexual assault against him. Sections
4-7 of this bill provide the same requirements for fees, duration,
transmission, enforcement and information provided for such orders of
protection for a victim of sexual assault as are provided in existing law for
similar orders of protection for a victim of stalking, harassment or aggravated
stalking.

Section 1 of this bill includes a violation of a
temporary or extended order of protection against a person who allegedly
committed a sexual assault to the list of violations which may result in an
additional penalty. (NRS 193.166)

Section 9 of this bill expands the jurisdiction of
justice courts to include actions for the issuance of a temporary or extended
order of protection against a person who allegedly committed a sexual assault.
(NRS 4.370)

Section 11 of this bill exempts actions involving
orders of protection for a victim of sexual assault from the requirement that
the Supreme Court adopt rules and procedures for jury trials in justices
courts that are designed to limit the length of such trials. (NRS 67.060)

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 193.166 is hereby amended to read as
follows:

193.166 1. Except as otherwise provided in NRS
193.169, a person who commits a crime that is punishable as a felony, other
than a crime that is punishable as a felony pursuant to subsection 6 of NRS
33.400 or subsection 5 of NRS 200.591, or subsection 5 of section 3 of this act, in
violation of:

(a) A temporary or extended order for protection
against domestic violence issued pursuant to NRS 33.020;

(b) An order for protection against harassment in the
workplace issued pursuant to NRS 33.270;

(c) A temporary or extended order for the protection of
a child issued pursuant to NRS 33.400;

(d) An order for protection against domestic violence
issued in an action or proceeding brought pursuant to title 11 of NRS; [or]

(e) A temporary or extended order issued pursuant to
NRS 200.591 [,] ; or

(f) A
temporary or extended order issued pursuant to section 3 of this act,

Κ shall, in
addition to the term of imprisonment prescribed by statute for the crime, be
punished by imprisonment in the state prison, except as otherwise provided in
this subsection, for a minimum term of not less than 1 year and a maximum term
of not more than 20 years. If the crime committed by the person is punishable
as a category A felony or category B felony, in addition to the term of
imprisonment prescribed by statute for that crime, the person shall be punished
by imprisonment in the state prison for a minimum term of not less than 1 year
and a maximum term of not more than 5 years.

2. In determining the length of the additional penalty
imposed pursuant to this section, the court shall consider the following
information:

(a) The facts and circumstances of the crime;

(b) The criminal history of the person;

(c) The impact of the crime on any victim;

(d) Any mitigating factors presented by the person; and

(e) Any other relevant information.

Κ The court
shall state on the record that it has considered the information described in
paragraphs (a) to (e), inclusive, in determining the length of the additional
penalty imposed.

3. The sentence prescribed by this section:

(a) Must not exceed the sentence imposed for the crime;
and

(b) Runs concurrently or consecutively with the
sentence prescribed by statute for the crime, as ordered by the court.

4. The court shall not grant probation to or suspend
the sentence of any person convicted of attempted murder, battery which
involves the use of a deadly weapon, or battery which results in substantial
bodily harm if an additional term of imprisonment may be imposed for that
primary offense pursuant to this section.

5. This section does not create a separate offense but
provides an additional penalty for the primary offense, whose imposition is
contingent upon the finding of the prescribed fact.

Sec. 2. Chapter
200 of NRS is hereby amended by adding thereto the provisions set forth as
sections 3 to 7, inclusive, of this act.

Sec. 3. 1. In addition to any other remedy
provided by law, a person who reasonably believes that the crime of sexual
assault has been committed against him by another person may petition any court
of competent jurisdiction for a temporary or extended order directing the
person who allegedly committed the sexual assault to:

(a) Stay
away from the home, school, business or place of employment of the victim of
the alleged sexual assault and any other location specifically named by the
court.

(b) Refrain
from contacting, intimidating, threatening or otherwise interfering with the
victim of the alleged sexual assault and any other person named in the order,
including, without limitation, a member of the family or the household of the
victim of the alleged sexual assault.

(c) Comply
with any other restriction which the court deems necessary to protect the
victim of the alleged sexual assault or to protect any other person named in
the order, including, without limitation, a member of the family or the
household of the victim of the alleged sexual assault.

2. If a
defendant charged with a crime involving sexual assault is released from
custody before trial or is found guilty at the trial, the court may issue a
temporary or extended order or provide as a condition of the release or
sentence that the defendant:

(a) Stay
away from the home, school, business or place of employment of the victim of
the alleged sexual assault and any other location specifically named by the
court.

(b) Refrain
from contacting, intimidating, threatening or otherwise interfering with the
victim of the alleged sexual assault and any other person named in the order,
including, without limitation, a member of the family or the household of the
victim of the alleged sexual assault.

(c) Comply
with any other restriction which the court deems necessary to protect the
victim of the alleged sexual assault or to protect any other person named in
the order, including, without limitation, a member of the family or the
household of the victim of the alleged sexual assault.

3. A
temporary order may be granted with or without notice to the adverse party. An
extended order may be granted only after:

(a) Notice
of the petition for the order and of the hearing thereon is served upon the
adverse party pursuant to the Nevada Rules of Civil Procedure; and

(b) A
hearing is held on the petition.

4. If an
extended order is issued by a justice court, an interlocutory appeal lies to
the district court, which may affirm, modify or vacate the order in question.
The appeal may be taken without bond, but its taking does not stay the effect
or enforcement of the order.

5. Unless
a more severe penalty is prescribed by law for the act that constitutes the
violation of the order, any person who intentionally violates:

(a) A
temporary order is guilty of a gross misdemeanor.

(b) An
extended order is guilty of a category C felony and shall be punished as
provided in NRS 193.130.

6. Any
court order issued pursuant to this section must:

(a) Be in
writing;

(b) Be
personally served on the person to whom it is directed; and

(c) Contain
the warning that violation of the order:

(1) Subjects
the person to immediate arrest.

(2) Is
a gross misdemeanor if the order is a temporary order.

(3) Is
a category C felony if the order is an extended order.

7. A
temporary or extended order issued pursuant to this section must provide notice
that a person who is arrested for violating the order will not be admitted to
bail sooner than 12 hours after his arrest if:

(a) The
arresting officer determines that such a violation is accompanied by a direct
or indirect threat of harm;

(b) The
person has previously violated a temporary or extended order for protection; or

(c) At the
time of the violation or within 2 hours after the violation, the person has:

(1) A
concentration of alcohol of 0.08 or more in his blood or breath; or

(2) An
amount of a prohibited substance in his blood or urine that is equal to or
greater than the amount set forth in subsection 3 of NRS 484.379.

Sec. 4. 1.
The payment of all costs and official fees must be deferred for any person who
petitions a court for a temporary or extended order pursuant to section 3 of
this act. After any hearing and not later than final disposition of such an
application or order, the court shall assess the costs and fees against the
adverse party, except that the court may reduce them or waive them, as justice
may require.

2. The clerk
of the court shall provide a person who petitions the court for a temporary or
extended order pursuant to section 3 of this act and the adverse party, free of
cost, with information about the:

(a) Availability
of temporary and extended orders pursuant to section 3 of this act;

(b) Procedure for
filing an application for such an order; and

(c) Right to
proceed without legal counsel.

3. A person
who obtains an order pursuant to section 3 of this act must not be charged any
fee to have the order served in this State.

Sec. 5. 1.
A temporary order issued pursuant to section 3 of this act expires within such
time, not to exceed 30 days, as the court fixes. If a petition for an extended
order is filed within the period of a temporary order, the temporary order
remains in effect until the hearing on the extended order is held.

2. On 2 days
notice to the party who obtained the temporary order, the adverse party may
appear and move its dissolution or modification, and in that event, the court
shall proceed to hear and determine such motion as expeditiously as the ends of
justice require.

3. An extended
order expires within such time, not to exceed 1 year, as the court fixes. A
temporary order may be converted by the court, upon notice to the adverse party
and a hearing, into an extended order effective for not more than 1 year.

Sec. 6. 1.
Each court that issues an order pursuant to section 3 of this act shall
transmit, as soon as practicable, a copy of the order to all law enforcement
agencies within its jurisdiction. The copy must include a notation of the date
on which the order was personally served upon the person to whom it is
directed.

2. A peace
officer, without a warrant, may arrest and take into custody a person when the
peace officer has probable cause to believe that:

(a) An order
has been issued pursuant to section 3 of this act to the person to be arrested;

(b) The person
to be arrested has been served with a copy of the order; and

(c) The person
to be arrested is acting in violation of the order.

3. Any law
enforcement agency in this State may enforce a court order issued pursuant to
section 3 of this act.

Sec. 7. 1.
The prosecuting attorney in any trial brought against a person on a charge of
sexual assault shall inform the alleged victim of the final disposition of the
case.

2. If the
defendant is found guilty and the court issues an order or provides a condition
of his sentence restricting the ability of the defendant to have contact with
the victim or witnesses, the clerk of the court shall:

(a) Keep a
record of the order or condition of the sentence; and

(b) Provide a
certified copy of the order or condition of the sentence to the victim and
other persons named in the order.

200.364 As used in NRS 200.364 to 200.3774, inclusive,
and sections 3 to 7, inclusive, of
this act, unless the context otherwise requires:

1. Perpetrator means a person who commits a sexual
assault.

2. Sexual penetration means cunnilingus, fellatio,
or any intrusion, however slight, of any part of a persons body or any object
manipulated or inserted by a person into the genital or anal openings of the
body of another, including sexual intercourse in its ordinary meaning.

3. Statutory sexual seduction means:

(a) Ordinary sexual intercourse, anal intercourse,
cunnilingus or fellatio committed by a person 18 years of age or older with a
person under the age of 16 years; or

(b) Any other sexual penetration committed by a person
18 years of age or older with a person under the age of 16 years with the
intent of arousing, appealing to, or gratifying the lust or passions or sexual
desires of either of the persons.

4. Victim means a person who is subjected to a
sexual assault.

Sec. 9. NRS 4.370
is hereby amended to read as follows:

4.370 1. Except as otherwise provided in subsection
2, justice courts have jurisdiction of the following civil actions and
proceedings and no others except as otherwise provided by specific statute:

(a) In actions arising on contract for the recovery of
money only, if the sum claimed, exclusive of interest, does not exceed $10,000.

(b) In actions for damages for injury to the person, or
for taking, detaining or injuring personal property, or for injury to real
property where no issue is raised by the verified answer of the defendant
involving the title to or boundaries of the real property, if the damage
claimed does not exceed $10,000.

(c) Except as otherwise provided in paragraph (l), in
actions for a fine, penalty or forfeiture not exceeding $10,000, given by
statute or the ordinance of a county, city or town, where no issue is raised by
the answer involving the legality of any tax, impost, assessment, toll or
municipal fine.

(d) In actions upon bonds or undertakings conditioned
for the payment of money, if the sum claimed does not exceed $10,000, though
the penalty may exceed that sum. Bail bonds and other undertakings posted in
criminal matters may be forfeited regardless of amount.

(e) In actions to recover the possession of personal
property, if the value of the property does not exceed $10,000.

(f) To take and enter judgment on the confession of a
defendant, when the amount confessed, exclusive of interest, does not exceed $10,000.

(g) Of actions for the possession of lands and
tenements where the relation of landlord and tenant exists, when damages
claimed do not exceed $10,000 or when no damages are claimed.

(h) Of actions when the possession of lands and
tenements has been unlawfully or fraudulently obtained or withheld, when
damages claimed do not exceed $10,000 or when no damages are claimed.

(i) Of suits for the collection of taxes, where the
amount of the tax sued for does not exceed $10,000.

(j) Of actions for the enforcement of mechanics liens,
where the amount of the lien sought to be enforced, exclusive of interest, does
not exceed $10,000.

(k) Of actions for the enforcement of liens of owners
of facilities for storage, where the amount of the lien sought to be enforced,
exclusive of interest, does not exceed $10,000.

(l) In actions for a fine imposed for a violation of
NRS 484.757.

(m) Except as otherwise provided in this paragraph, in
any action for the issuance of a temporary or extended order for protection
against domestic violence. A justice court does not have jurisdiction in an
action for the issuance of a temporary or extended order for protection against
domestic violence:

(1) In a county whose population is more than
100,000 and less than 400,000;

(2) In any township whose population is 100,000
or more located within a county whose population is more than 400,000; or

(3) If a district court issues a written order to
the justice court requiring that further proceedings relating to the action for
the issuance of the order for protection be conducted before the district
court.

(n) In an action for the issuance of a temporary or
extended order for protection against harassment in the workplace pursuant to
NRS 33.200 to 33.360, inclusive.

(o) In small claims actions under the provisions of
chapter 73 of NRS.

(p) In actions to contest the validity of liens on
mobile homes or manufactured homes.

(q) In any action pursuant to NRS 200.591 for the
issuance of a protective order against a person alleged to be committing the
crime of stalking, aggravated stalking or harassment.

(r) In any
action pursuant to section 3 of this act for the issuance of a protective order
against a person alleged to have committed the crime of sexual assault.

(s) In
actions transferred from the district court pursuant to NRS 3.221.

[(s)](t) In any action for the issuance of a
temporary or extended order pursuant to NRS 33.400.

2. The jurisdiction conferred by this section does not
extend to civil actions, other than for forcible entry or detainer, in which
the title of real property or mining claims or questions affecting the
boundaries of land are involved.

3. Justice courts have jurisdiction of all
misdemeanors and no other criminal offenses except as otherwise provided by
specific statute. Upon approval of the district court, a justice court may
transfer original jurisdiction of a misdemeanor to the district court for the
purpose of assigning an offender to a program established pursuant to NRS
176A.250.

4. Except as otherwise provided in subsections 5 and
6, in criminal cases the jurisdiction of justices of the peace extends to the
limits of their respective counties.

5. In the case of any arrest made by a member of the
Nevada Highway Patrol, the jurisdiction of the justices of the peace extends to
the limits of their respective counties and to the limits of all counties which
have common boundaries with their respective counties.

6. Each justice court has jurisdiction of any
violation of a regulation governing vehicular traffic on an airport within the
township in which the court is established.

62C.020 1. A child must not be released from custody
sooner than 12 hours after the child is taken into custody if the child is
taken into custody for committing a battery that constitutes domestic violence
pursuant to NRS 33.018, unless the peace officer or probation officer who has
taken the child into custody determines that the child does not otherwise meet
the criteria for secure detention and:

(a) Respite care or another out-of-home alternative to
secure detention is available for the child;

(b) An out-of-home alternative to secure detention is
not necessary to protect the victim from injury; or

(c) Family services are available to maintain the child
in the home and the parents or guardians of the child agree to receive those
family services and to allow the child to return to the home.

2. A child must not be released from custody sooner
than 12 hours after the child is taken into custody if the child is taken into
custody for violating a temporary or extended order for protection against
domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or for
violating a restraining order or injunction that is in the nature of a
temporary or extended order for protection against domestic violence issued in
an action or proceeding brought pursuant to title 11 of NRS , or for violating a temporary or extended
order for protection against stalking, aggravated stalking or harassment issued
pursuant to NRS 200.591 or for
violating a temporary or extended order for protection against sexual assault
issued pursuant to section 3 of this act and:

(a) The peace officer or probation officer who has
taken the child into custody determines that such a violation is accompanied by
a direct or indirect threat of harm;

(b) The child has previously violated a temporary or
extended order for protection of the type for which he has been taken into
custody; or

(c) At the time of the violation or within 2 hours
after the violation, the child has:

(1) A concentration of alcohol of 0.08 or more in
his blood or breath; or

(2) An amount of a prohibited substance in his
blood or urine that is equal to or greater than the amount set forth in
subsection 3 of NRS 484.379.

3. For the purposes of this section, an order or
injunction is in the nature of a temporary or extended order for protection
against domestic violence if it grants relief that might be given in a
temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.

Sec. 11. NRS
67.060 is hereby amended to read as follows:

67.060 1. Except as otherwise provided in subsection
3, the Supreme Court shall adopt rules and procedures for conducting trials by
jury in civil actions in the justice courts that are designed to limit the
length of trials.

2. The rules and procedures adopted pursuant to this
section may provide for:

(a) Restrictions on the amount of discovery requested
by each party;

(b) The use of a jury composed of not more than six
persons and not less than four persons; and

(c) A specified limit on the amount of time each party
may use to present his case.

(a) An action for the possession of lands and tenements
where the relation of landlord and tenant exists, when damages claimed do not
exceed $10,000 or when no damages are claimed.

(b) An action when the possession of lands and
tenements has been unlawfully or fraudulently obtained or withheld, when
damages claimed do not exceed $10,000 or when no damages are claimed.

(c) An action for the issuance of a temporary or
extended order for protection against domestic violence.

(d) An action for the issuance of a temporary or
extended order for protection against harassment in the workplace pursuant to
NRS 33.200 to 33.360, inclusive.

(e) A small claims action brought under the provisions
of chapter 73 of NRS.

(f) An action pursuant to NRS 200.591 for the issuance of
a protective order against a person alleged to be committing the crime of
stalking, aggravated stalking or harassment.

(g) An
action pursuant to section 3 of this act for the issuance of a protective order
against a person alleged to have committed sexual assault.

Sec. 12. NRS
178.484 is hereby amended to read as follows:

178.484 1. Except as otherwise provided in this
section, a person arrested for an offense other than murder of the first degree
must be admitted to bail.

2. A person arrested for a felony who has been
released on probation or parole for a different offense must not be admitted to
bail unless:

(a) A court issues an order directing that the person
be admitted to bail;

(b) The State Board of Parole Commissioners directs the
detention facility to admit the person to bail; or

(c) The Division of Parole and Probation of the
Department of Public Safety directs the detention facility to admit the person
to bail.

3. A person arrested for a felony whose sentence has
been suspended pursuant to NRS 4.373 or 5.055 for a different offense or who
has been sentenced to a term of residential confinement pursuant to NRS 4.3762
or 5.076 for a different offense must not be admitted to bail unless:

(a) A court issues an order directing that the person
be admitted to bail; or

(b) A department of alternative sentencing directs the
detention facility to admit the person to bail.

4. A person arrested for murder of the first degree
may be admitted to bail unless the proof is evident or the presumption great by
any competent court or magistrate authorized by law to do so in the exercise of
discretion, giving due weight to the evidence and to the nature and
circumstances of the offense.

5. A person arrested for a violation of NRS 484.379, 484.3795, 484.37955, 484.379778, 488.410, 488.420 or 488.425 who is under the influence of
intoxicating liquor must not be admitted to bail or released on his own
recognizance unless he has a concentration of alcohol of less than 0.04 in his
breath. A test of the persons breath pursuant to this subsection to determine
the concentration of alcohol in his breath as a condition of admission to bail
or release is not admissible as evidence against the person.

6. A person arrested for a violation of NRS 484.379, 484.3795, 484.37955, 484.379778, 488.410, 488.420 or 488.425 who is under the influence of
a controlled substance, is under the combined influence of intoxicating liquor
and a controlled substance, or inhales, ingests, applies or otherwise uses any
chemical, poison or organic solvent, or any compound or combination of any of
these, to a degree which renders him incapable of safely driving or exercising
actual physical control of a vehicle or vessel under power or sail must not be
admitted to bail or released on his own recognizance sooner than 12 hours after
his arrest.

7. A person arrested for a battery that constitutes
domestic violence pursuant to NRS 33.018 must not be admitted to bail sooner
than 12 hours after his arrest. If the person is admitted to bail more than 12
hours after his arrest, without appearing personally before a magistrate, or
without the amount of bail having been otherwise set by a magistrate or a
court, the amount of bail must be:

(a) Three thousand dollars, if the person has no
previous convictions of battery that constitute domestic violence pursuant to
NRS 33.018 and there is no reason to believe that the battery for which he has
been arrested resulted in substantial bodily harm;

(b) Five thousand dollars, if the person has:

(1) No previous convictions of battery that
constitute domestic violence pursuant to NRS 33.018, but there is reason to
believe that the battery for which he has been arrested resulted in substantial
bodily harm; or

(2) One previous conviction of battery that
constitutes domestic violence pursuant to NRS 33.018, but there is no reason to
believe that the battery for which he has been arrested resulted in substantial
bodily harm; or

(c) Fifteen thousand dollars, if the person has:

(1) One previous conviction of battery that
constitutes domestic violence pursuant to NRS 33.018 and there is reason to
believe that the battery for which he has been arrested resulted in substantial
bodily harm; or

(2) Two or more previous convictions of battery
that constitute domestic violence pursuant to NRS 33.018.

Κ The
provisions of this subsection do not affect the authority of a magistrate or a
court to set the amount of bail when the person personally appears before the magistrate
or the court, or when a magistrate or a court has otherwise been contacted to
set the amount of bail. For the purposes of this subsection, a person shall be
deemed to have a previous conviction of battery that constitutes domestic
violence pursuant to NRS 33.018 if the person has been convicted of such an
offense in this State or has been convicted of violating a law of any other
jurisdiction that prohibits the same or similar conduct.

8. A person arrested for violating a temporary or
extended order for protection against domestic violence issued pursuant to NRS
33.017 to 33.100, inclusive, or for violating a restraining order or injunction
that is in the nature of a temporary or extended order for protection against
domestic violence issued in an action or proceeding brought pursuant to title
11 of NRS, or for violating a temporary or extended order for protection
against stalking, aggravated stalking or harassment issued pursuant to NRS
200.591 , or for violating a
temporary or extended order for protection against sexual assault pursuant to
section 3 of this act must not be admitted to bail sooner than 12
hours after his arrest if:

(a) The arresting officer determines that such a
violation is accompanied by a direct or indirect threat of harm;

(b) The person has previously violated a temporary or
extended order for protection of the type for which he has been arrested; or

(c) At the time of the violation or within 2 hours
after the violation, the person has:

(1) A concentration of alcohol of 0.08 or more in
his blood or breath; or

(2) An amount of a prohibited substance in his
blood or urine that is equal to or greater than the amount set forth in
subsection 3 of NRS 484.379.

9. If a person is admitted to bail more than 12 hours
after his arrest, pursuant to subsection 8, without appearing personally before
a magistrate, or without the amount of bail having been otherwise set by a
magistrate or a court, the amount of bail must be:

(a) Three thousand dollars, if the person has no
previous convictions of violating a temporary or extended order for protection
against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive,
or of violating a restraining order or injunction that is in the nature of a
temporary or extended order for protection against domestic violence issued in
an action or proceeding brought pursuant to title 11 of NRS, or of violating a
temporary or extended order for protection against stalking, aggravated
stalking or harassment issued pursuant to NRS 200.591 [;] , or of violating a temporary or
extended order for protection against sexual assault pursuant to section 3 of
this act;

(b) Five thousand dollars, if the person has one
previous conviction of violating a temporary or extended order for protection
against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive,
or of violating a restraining order or injunction that is in the nature of a
temporary or extended order for protection against domestic violence issued in
an action or proceeding brought pursuant to title 11 of NRS, or of violating a
temporary or extended order for protection against stalking, aggravated stalking
or harassment issued pursuant to NRS 200.591[;], or of violating a temporary or
extended order for protection against sexual assault pursuant to section 3 of
this act; or

(c) Fifteen thousand dollars, if the person has two or
more previous convictions of violating a temporary or extended order for
protection against domestic violence issued pursuant to NRS 33.017 to 33.100,
inclusive, or of violating a restraining order or injunction that is in the
nature of a temporary or extended order for protection against domestic
violence issued in an action or proceeding brought pursuant to title 11 of NRS,
or of violating a temporary or extended order for protection againststalking, aggravated
stalking or harassment issued pursuant to NRS 200.591[.] , or of violating a temporary or
extended order for protection against sexual assault pursuant to section 3 of
this act.

Κ The
provisions of this subsection do not affect the authority of a magistrate or a
court to set the amount of bail when the person personally appears before the
magistrate or the court, or when a magistrate or a court has otherwise been
contacted to set the amount of bail. For the purposes of this subsection, a
person shall be deemed to have a previous conviction of violating a temporary
or extended order for protection against domestic violence issued pursuant to
NRS 33.017 to 33.100, inclusive, or of violating a restraining order or
injunction that is in the nature of a temporary or extended
order for protection against domestic violence issued in an action or
proceeding brought pursuant to title 11 of NRS, or of violating a temporary or
extended order for protection against stalking, aggravated stalking or
harassment issued pursuant to NRS 200.591 , or of violating a temporary or
extended order for protection against sexual assault pursuant to section 3 of
this act if the person has been convicted of such an offense in this State or
has been convicted of violating a law of any other jurisdiction that prohibits
the same or similar conduct.

extended order for protection against domestic violence
issued in an action or proceeding brought pursuant to title 11 of NRS, or of
violating a temporary or extended order for protection againststalking, aggravated
stalking or harassment issued pursuant to NRS 200.591 , or of violating a temporary or extended order for
protection against sexual assault pursuant to section 3 of this act
if the person has been convicted of such an offense in this State or has been
convicted of violating a law of any other jurisdiction that prohibits the same
or similar conduct.

10. The court may, before releasing a person arrested
for an offense punishable as a felony, require the surrender to the court of
any passport the person possesses.

11. Before releasing a person arrested for any crime,
the court may impose such reasonable conditions on the person as it deems
necessary to protect the health, safety and welfare of the community and to
ensure that the person will appear at all times and places ordered by the
court, including, without limitation:

(a) Requiring the person to remain in this State or a
certain county within this State;

(b) Prohibiting the person from contacting or
attempting to contact a specific person or from causing or attempting to cause
another person to contact that person on his behalf;

(c) Prohibiting the person from entering a certain
geographic area; or

(d) Prohibiting the person from engaging in specific
conduct that may be harmful to his own health, safety or welfare, or the
health, safety or welfare of another person.

Κ In
determining whether a condition is reasonable, the court shall consider the
factors listed in NRS 178.4853.

12. If a person fails to comply with a condition
imposed pursuant to subsection 11, the court may, after providing the person
with reasonable notice and an opportunity for a hearing:

(a) Deem such conduct a contempt pursuant to NRS
22.010; or

(b) Increase the amount of bail pursuant to NRS
178.499.

13. An order issued pursuant to this section that
imposes a condition on a person admitted to bail must include a provision
ordering any law enforcement officer to arrest the person if he has probable
cause to believe that the person has violated a condition of his bail.

14. Before a person may be admitted to bail, he must
sign a document stating that:

(a) He will appear at all times and places as ordered
by the court releasing him and as ordered by any court before which the charge
is subsequently heard;

(b) He will comply with the other conditions which have
been imposed by the court and are stated in the document; and

(c) If he fails to appear when so ordered and is taken
into custody outside of this State, he waives all his rights relating to
extradition proceedings.

Κ The signed
document must be filed with the clerk of the court of competent jurisdiction as
soon as practicable, but in no event later than the next business day.

15. If a person admitted to bail fails to appear as
ordered by a court and the jurisdiction incurs any cost in returning the person
to the jurisdiction to stand trial, the person who failed to appear is
responsible for paying those costs as restitution.

16. For the purposes of subsections 8 and 9, an order
or injunction is in the nature of a temporary or extended order for protection
against domestic violence if it grants relief that might be given in a
temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.

Sec. 13. This act becomes effective upon passage and
approval.

________

CHAPTER 69, AB 237

Assembly Bill No.
237Committee on Judiciary

CHAPTER 69

AN ACT
relating to juveniles; revising the provisions governing the certification of
certain juveniles as adults for criminal proceedings; and providing other
matters properly relating thereto.

[Approved: May 11,
2009]

Legislative Counsels Digest:

Existing law provides for the certification of a child as
an adult for criminal proceedings under certain circumstances. (NRS 62B.390) Under
the concept that is commonly referred to as presumptive certification, the
juvenile court is required to certify a child for criminal proceedings as an
adult if the child is charged with certain offenses and was 14 years of age or
older at the time of allegedly committing the offense, unless an exception
applies. (NRS 62B.390) One such exception to presumptive certification is when
the juvenile court specifically finds by clear and convincing evidence that the
actions of the child were substantially the result of the substance abuse or
emotional or behavioral problems of the child. The Nevada Supreme Court
recently ruled that this exception to presumptive certification violates a
childs right against self-incrimination under the Fifth Amendment to the
United States Constitution by requiring the child to admit to criminal conduct
to challenge certification. (In re William M., 124 Nev. Adv. Op. No. 95
(2008)) This bill eliminates the exception to presumptive certification that
was found unconstitutional by the Nevada Supreme Court and provides instead
that the juvenile court is not required to certify the child as an adult if the
child has substance abuse or emotional or behavioral problems that may be
appropriately treated through the jurisdiction of the juvenile court. This bill
also raises the threshold age at which a child may be certified as an adult
under presumptive certification from 14 years of age to 16 years of age.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
62B.390 is hereby amended to read as follows:

62B.390 1. Except as otherwise provided in subsection
2 and NRS 62B.400, upon a motion by the district attorney and after a full
investigation, the juvenile court may certify a child for proper criminal
proceedings as an adult to any court that would have jurisdiction to try the
offense if committed by an adult, if the child:

(a) Is charged with an offense that would have been a
felony if committed by an adult; and

(b) Was 14 years of age or older at the time the child
allegedly committed the offense.

2. Except as otherwise provided in subsection 3, upon
a motion by the district attorney and after a full investigation, the juvenile
court shall certify a child for proper criminal proceedings as an adult to any
court that would have jurisdiction to try the offense if committed by an adult,
if the child:

(a) Is charged with:

(1) A sexual assault involving the use or
threatened use of force or violence against the victim; or

(2) An offense or attempted offense involving the
use or threatened use of a firearm; and

(b) Was [14]16 years of age or older at the time the child
allegedly committed the offense.

3. The juvenile court shall not certify a child for
criminal proceedings as an adult pursuant to subsection 2 if the juvenile court
specifically finds by clear and convincing evidence that:

(a) The child is developmentally or mentally
incompetent to understand his situation and the proceedings of the court or to
aid his attorney in those proceedings; or

(b) [The actions of the child were substantially the result of the
substance abuse or emotional or behavioral problems of the child]The child has substance abuse or
emotional or behavioral problems and the substance abuse or
emotional or behavioral problems may be appropriately treated through the
jurisdiction of the juvenile court.

4. If a child is certified for criminal proceedings as
an adult pursuant to subsection 1 or 2, the juvenile court shall also certify
the child for criminal proceedings as an adult for any other related offense
arising out of the same facts as the offense for which the child was certified,
regardless of the nature of the related offense.

5. If a child has been certified for criminal
proceedings as an adult pursuant to subsection 1 or 2 and the childs case has
been transferred out of the juvenile court:

(a) The court to which the case has been transferred
has original jurisdiction over the child;

(b) The child may petition for transfer of the case
back to the juvenile court only upon a showing of exceptional circumstances;
and

(c) If the childs case is transferred back to the
juvenile court, the juvenile court shall determine whether the exceptional
circumstances warrant accepting jurisdiction.

This bill provides that a corporate surety that is
authorized to transact insurance in this State is a sufficient surety for all
courts. (NRS 178.504)

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 178.504 is hereby amended to read as
follows:

178.504 1. Every surety, except a corporate surety
which is approved as provided by law, shall justify by affidavit and may be
required to describe in the affidavit:

(a) The property by which he proposes to justify and
the encumbrances thereon;

(b) The number and amount of other bonds and
undertakings for bail entered into by him and remaining undischarged; and

(c) All his other liabilities.

2. No bond shall be approved unless the surety thereon
appears to be qualified.

3. A corporate
surety that is authorized to transact insurance in this State pursuant to
chapter 680A of NRS is a sufficient surety for all courts and shall be deemed
to be qualified for purposes of this section.

Sec. 2. This act becomes effective on July 1, 2009.

________

κ2009
Statutes of Nevada, Page 241κ

CHAPTER 71, SB 12

Senate Bill No.
12Committee on Health and Education

CHAPTER 71

AN ACT
relating to education; revising provisions governing allocations of money from
the Account for Programs for Innovation and the Prevention of Remediation by
the Commission on Educational Excellence; revising the duties of the
Legislative Auditor in conducting the biennial audit of programs funded from
the Account; and providing other matters properly relating thereto.

[Approved: May 12,
2009]

Legislative Counsels Digest:

Existing law authorizes the Commission on Educational
Excellence to allocate grants of money from the Account for Programs for
Innovation and the Prevention of Remediation to public schools and consortiums
of public schools for certain innovative programs and programs designed to
improve pupil achievement. (NRS 385.3781-385.379) Section 1 of this bill
requires an applicant for an allocation of money from the Account to include a
statement with the application indicating whether the application is for an
existing program or for the establishment of a new program and identifying all
other sources of money requested or received by the applicant for the same or a
similar program.

Existing law requires the Department of Education to
adopt programs of remedial study for certain subject areas. (NRS 385.389) Section
1 prohibits the Commission from awarding money for a program of remedial
study that is available commercially if such a program has not been adopted by
the Department.

Existing law requires the Legislative Auditor to conduct
a biennial audit of the programs for which public schools and consortiums of
public schools receive an allocation of money from the Account. (NRS 385.3789) Section
2 of this bill requires the audit to include a review of the amount of time
it takes for an applicant to receive an allocation of money after the
Commission makes the award, a determination of whether the money was used to
implement the program for which the money was allocated and any recommendations
for the most efficient and economical use of the grant money by public schools
and consortiums of public schools.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 385.3785 is hereby amended to read as
follows:

385.3785 1. The Commission shall:

(a) Establish a program of educational excellence
designed exclusively for pupils enrolled in kindergarten through grade 6 in
public schools in this State based upon:

(1) The plan to improve the achievement of pupils
prepared by the State Board pursuant to NRS 385.34691;

(2) The plan to improve the achievement of pupils
prepared by the board of trustees of each school district pursuant to NRS
385.348;

(3) The plan to improve the achievement of pupils
prepared by the principal of each school pursuant to NRS 385.357, which may
include a program of innovation; and

(4) Any other information that the Commission
considers relevant to the development of the program of educational excellence.

(b) Identify programs, practices and strategies that
have proven effective in improving the academic achievement and proficiency of
pupils.

(c) Develop a concise application and simple procedures
for the submission of applications by public schools and consortiums of public
schools, including, without limitation, charter schools, for participation in a
program of educational excellence and for grants of money from the Account.
Grants of money must be made for programs designed for the achievement of
pupils that are linked to the plan to improve the achievement of pupils or for
innovative programs, or both. The Commission shall not award a grant of money
from the Account for a program to provide full-day kindergarten. All public
schools and consortiums of public schools, including, without limitation,
charter schools, are eligible to submit such an application, regardless of
whether the schools have made adequate yearly progress or failed to make
adequate yearly progress. A public school or a consortium of public schools
selected for participation may be approved by the Commission for participation
for a period not to exceed 2 years, but may reapply.

(d) Prescribe a long-range timeline for the review,
approval and evaluation of applications received from public schools and
consortiums of public schools that desire to participate in the program.

(e) Establish guidelines for the review, evaluation and
approval of applications for grants of money from the Account, including,
without limitation, consideration of the list of priorities of public schools
provided by the Department pursuant to subsection [5.]6. To ensure consistency
in the review, evaluation and approval of applications, if the guidelines
authorize the review and evaluation of applications by less than the entire
membership of the Commission, money must not be allocated from the Account for
a grant until the entire membership of the Commission has reviewed and approved
the application for the grant.

(f) Prescribe accountability measures to be carried out
by a public school that participates in the program if that public school does
not meet the annual measurable objectives established by the State Board
pursuant to NRS 385.361, including, without limitation:

(1) The specific levels of achievement expected
of schools that participate; and

(2) Conditions for schools that do not meet the
grant criteria but desire to continue participation in the program and receive
money from the Account, including, without limitation, a review of the
leadership at the school and recommendations regarding changes to the
appropriate body.

(g) Determine the amount of money that is available
from the Account for those public schools and consortiums of public schools
that are selected to participate in the program.

(h) Allocate money to public schools and consortiums of
public schools from the Account. Allocations must be distributed not later than
August 15 of each year.

(i) Establish criteria for public schools and
consortiums of public schools that participate in the program and receive an
allocation of money from the Account to evaluate the effectiveness of the
allocation in improving the achievement of pupils, including, without
limitation, a detailed analysis of:

(1) The achievement of pupils enrolled at each
school that received money from the allocation based upon measurable criteria
identified in the plan to improve the achievement of pupils for the school
prepared pursuant to NRS 385.357;

(2) If applicable, the effectiveness of the
program of innovation on the achievement of pupils and the overall
effectiveness for pupils and staff;

(3) The implementation of the applicable plans
for improvement, including, without limitation, an analysis of whether the
school is meeting the measurable objectives identified in the plan; and

(4) The attainment of measurable progress on the
annual list of adequate yearly progress of school districts and schools.

2. To the extent money is available, the Commission
shall make allocations of money to public schools and consortiums of public
schools for effective programs for grades 7 through 12 that are designed to
improve the achievement of pupils and effective programs of innovation for
pupils. In making such allocations, the Commission shall comply with the
requirements of [subsection 1.] this section.

3. An
application submitted pursuant to this section must include a written statement
which:

(a) Indicates
whether the public school or consortium of public schools is submitting the
application for the continuation of an existing program or for the establishment
of a new program; and

(b) Identifies
all other sources of money that the public school or consortium of public
schools has requested or received for the continuation or establishment of:

(1) The
program for which the application is submitted; or

(2) A
substantially similar program.

4. The
Commission shall ensure, to the extent practicable, that grants of money
provided pursuant to this section reflect the economic and geographic diversity
of this State.

[4.]5. If a public school or consortium of public schools that
receives money pursuant to subsection 1 or 2:

(a) Does not meet the criteria for effectiveness as
prescribed in paragraph (i) of subsection 1;

(b) Does not, as a result of the program for which the
grant of money was awarded, show improvement in the achievement of pupils, as
determined in an evaluation conducted pursuant to subsection 3 of NRS 385.379;
or

(c)Does
not implement the program for which the money was received, as determined in an
audit conducted pursuant to
subsection 4 of NRS 385.3789 or an evaluation conducted pursuant to subsection 3 of NRS 385.379,

Κ over a
2-year period, the Commission may consider not awarding future allocations of
money to that public school or consortium of public schools.

[5.]6. On or before July 1 of each year, the
Department shall provide a list of priorities of public schools that indicates:

(a) The adequate yearly progress status of schools in
the immediately preceding year; and

(b) The public schools that are considered Title I eligible
by the Department based upon the poverty level of the pupils enrolled in a
school in comparison to the poverty level of the pupils in the school district
as a whole,

Κ for
consideration by the Commission in its development of procedures for the applications.

[6.]7. A public school, including, without
limitation, a charter school, or a consortium of public schools may request
assistance from the school district in which the school is located in preparing
an application for a grant of money pursuant to this section. A school district
shall assist each public school or consortium of public schools that requests
assistance pursuant to this subsection to ensure that the application of the
school:

(a) Is based directly upon the plan to improve the
achievement of pupils prepared for the school pursuant to NRS 385.357;

(b) Is developed in accordance with the criteria
established by the Commission; and

(c) Is complete and complies with all technical
requirements for the submission of an application.

Κ A school
district may make recommendations to the individual schools and consortiums of
public schools. Such schools and consortiums of public schools are not required
to follow the recommendations of a school district.

[7.]8. In carrying out the requirements of this
section, the Commission shall review and consider the programs of remedial
study adopted by the Department pursuant to NRS 385.389, the list of approved
providers of supplemental services maintained by the Department pursuant to NRS
385.384 and the recommendations submitted by the Committee pursuant to NRS
218.5354 concerning programs, practices and strategies that have proven
effective in improving the academic achievement and proficiency of pupils.

[8.]The Commission shall not award a grant of money from the
Account for a program of remedial study that is available commercially unless
that program has been adopted by the Department pursuant to NRS 385.389.

9. If
a consortium of public schools is formed for the purpose of submitting an
application pursuant to this section, the public schools within the consortium
do not need to be located within the same school district.

Sec. 2. NRS
385.3789 is hereby amended to read as follows:

385.3789 1. The Commission shall prepare an annual
report that describes the distribution of money to the public schools and
consortiums of public schools and the programs for which money was allocated
from the Account, including, without limitation, the total amount of money
allocated:

(a) To each consortium of public schools, with a
designation of which public schools are included in each consortium;

(b) To each public school;

(c) To schools included on the list of priorities of
schools provided by the Department pursuant to NRS 385.3785;

(d) For programs that provide services directly to
pupils for remediation and innovation, including, without limitation,
instruction, instructional materials and support materials;

(e) For programs that provide instructional support and
have an indirect effect on pupils, including, without limitation, the provision
of professional development for educational personnel and the employment of
administrators; and

(1) A description of the program, including,
without limitation, whether the program is available commercially;

(2) Whether the Commission considers the program
to be innovative;

(3) Whether the program includes the provision of
professional development other than professional development that is related to
carrying out a program that provides services directly to pupils;

(4) The costs to implement the program; and

(5) The full-time personnel necessary to
implement the program, if any.

Κ The report
must be submitted on or before September 1 of each year to the entities
identified in subsection 3.

2. The Commission shall:

(a) Prepare an annual report that describes:

(1) The activities of the Commission;

(2) An analysis of the progress of the public
schools in carrying out the plans to improve the achievement of pupils; and

(3) An analysis of the progress of the public
schools and consortiums of public schools that received an allocation of money
from the Account in improving the achievement of pupils.

(b) Submit the report on or before January 31 of each
year to the entities identified in subsection 3.

3. The Commission shall submit the reports required by
this section to the:

(a) State Board;

(b) Governor;

(c) Committee;

(d) Bureau;

(e) Interim Finance Committee; and

(f) Board of trustees of each school district.

4. The Legislative Auditor shall audit biennially the
programs for which public schools and consortiums of public schools receive an
allocation of money. The audit [may]:

(a) Must
include:

(1) A
review of the amount of time it takes for a public school or consortium of
public schools to receive an allocation of money after the Commission makes the
award;

(2) A
determination of whether a public school or consortium of public schools that
received an allocation of money used the money to implement the program for
which the money was allocated; and

(3) Any
recommendations for the most efficient and economical use of the money
allocated by the Commission to public schools and consortiums of public
schools.

(b) May include
a representative sample of programs, based upon geographic location and type of
program.

5. The Legislative Auditor shall report the results
of each biennial audit conducted
pursuant to subsection 4 to
the entities prescribed in subsection 3.

Sec. 3. This act becomes effective on July 1, 2009.

________

κ2009 Statutes
of Nevada, Page 246κ

CHAPTER 72, SB 216

Senate Bill No.
216Senator Schneider

CHAPTER 72

AN ACT
relating to common-interest communities; providing that an association may not
unreasonably restrict the addition of shutters that are attached to certain
common elements or limited common elements in a common-interest community under
certain circumstances; and providing other matters properly relating thereto.

[Approved: May 12,
2009]

Legislative Counsels Digest:

Existing law provides that a units owner may not change
the appearance of the common elements or the exterior appearance of a unit
without permission of the association. (NRS 116.2111) However, an association
may not unreasonably restrict, prohibit or withhold approval for a units owner
to add to a unit shutters to improve the security of the unit or to reduce the
costs of energy for the unit. This bill provides that an association may not
unreasonably restrict, prohibit or withhold such approval for a units owner to
add shutters that are attached to certain common elements or limited common
elements under certain circumstances.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
116.2111 is hereby amended to read as follows:

116.2111 1. Except as otherwise provided in this
section and subject to the provisions of the declaration and other provisions
of law, a units owner:

(a) May make any improvements or alterations to his
unit that do not impair the structural integrity or mechanical systems or
lessen the support of any portion of the common-interest community;

(b) May not change the appearance of the common
elements, or the exterior appearance of a unit or any other portion of the
common-interest community, without permission of the association; and

(c) After acquiring an adjoining unit or an adjoining
part of an adjoining unit, may remove or alter any intervening partition or
create apertures therein, even if the partition in whole or in part is a common
element, if those acts do not impair the structural integrity or mechanical
systems or lessen the support of any portion of the common-interest community.
Removal of partitions or creation of apertures under this paragraph is not an
alteration of boundaries.

2. An association may not:

(a) Unreasonably restrict, prohibit or otherwise impede
the lawful rights of a units owner to have reasonable access to his unit.

(b) Unreasonably restrict, prohibit or withhold
approval for a units owner to add to a unit:

(1) Improvements such as ramps, railings or
elevators that are necessary to improve access to the unit for any occupant of
the unit who has a disability;

(2) Additional locks to improve the security of
the unit;

(3) Shutters to improve the security of the unit
or to reduce the costs of energy for the unit; or

(4) A system that uses wind energy to reduce the
costs of energy for the unit if the boundaries of the unit encompass 2 acres or
more within the common-interest community.

(c) With regard to approving or disapproving any
improvement or alteration made to a unit, act in violation of any state or
federal law.

3. Any improvement or alteration made pursuant to
subsection 2 that is visible from any other portion of the common-interest
community must be installed, constructed or added in accordance with the
procedures set forth in the governing documents of the association and must be
selected or designed to the maximum extent practicable to be compatible with
the style of the common-interest community.

4. An
association may not unreasonably restrict, prohibit or withhold approval for a
units owner to add shutters to improve the security of the unit or to reduce
the costs of energy for the unit, including, without limitation, rolling
shutters, that are attached to a portion of an interior or exterior window,
interior or exterior door or interior or exterior wall which is not part of his
unit and which is a common element or limited common element if:

(a) The
portion of the window, door or wall to which the shutters are attached is
adjoining his unit; and

(b) The
shutters must necessarily be attached to that portion of the window, door or
wall during installation to achieve the maximum benefit in improving the
security of the unit or reducing the costs of energy for the unit.

5. If a
units owner adds shutters pursuant to subsection 4, the units owner is
responsible for the maintenance of the shutters.

6. For
the purposes of subsection 4, a covenant, restriction or condition which does
not unreasonably restrict the addition of shutters and which is contained in
the governing documents of a common-interest community or a policy established
by a common-interest community is enforceable so long as the covenant,
restriction or condition was:

(a) In
existence on July 1, 2009; or

(b) Contained
in the governing documents in effect on the close of escrow of the first sale
of a unit in the common-interest community.

7. A
units owner may not add to the unit a system that uses wind energy as
described in subparagraph 4 of paragraph (b) of subsection 2 unless he first
obtains the written consent of each owner of property within 300 feet of any
boundary of the unit.

Sec. 2. This act becomes effective on July 1, 2009.

________

κ2009
Statutes of Nevada, Page 248κ

CHAPTER 73, SB 141

Senate Bill No.
141Committee on Judiciary

CHAPTER 73

AN ACT
relating to wills; enacting the Uniform International Wills Act; and providing
other matters properly relating thereto.

[Approved: May 12,
2009]

Legislative Counsels Digest:

This bill enacts the Uniform International Wills Act,
which was promulgated by the National Conference of Commissioners on Uniform
State Laws in 1973 and was intended to provide testators with a way of making
wills that would be valid as to form in all states adopting the uniform act and
all countries joining the Washington Convention of 1973.

Sections 6, 7 and 8 of this bill provide the form
and requirements for the valid execution of an international will. Section 7
provides that the will must be made in writing, signed by the testator and
acknowledged by two witnesses and a person authorized to act in connection with
international wills. Section 8 provides where signatures must be placed,
how the will must be dated and that the testator can make a declaration
concerning the safekeeping of his will.

Section 9 of this bill provides that a certificate
must be attached to the will establishing that the requirements for executing
an international will have been complied with, and sets forth the contents of
that certificate. Section 10 of this bill provides that the certificate
is conclusive of the formal validity of the will. The absence or irregularity
of a certificate does not affect the formal validity of the will.

Section 11 of this bill provides that an
international will is subject to the ordinary rules of revocation of wills.

Section 13 of this bill provides that attorneys
admitted to practice in this State and in good standing are deemed to be authorized
persons in relation to international wills.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Title 12 of NRS is hereby amended by adding
thereto a new chapter to consist of the provisions set forth as sections 2 to
13, inclusive, of this act.

Sec. 2. This chapter may be cited as the Uniform International Wills
Act.

Sec. 3. As used in this chapter, unless the context otherwise
requires, the words and terms defined in sections 4 and 5 of this act have the
meanings ascribed to them in those sections.

Sec. 4. Authorized person and person authorized to act in
connection with international wills mean a person who, by section 13 of this
act or by the laws of the United States, including members of the diplomatic
and consular service of the United States designated by Foreign Service
Regulations, is empowered to supervise the execution of international wills.

Sec. 5. International will means a will executed in conformity
with sections 6 to 9, inclusive, of this act.

Sec. 6. 1. A will is valid as regards form, irrespective
particularly of the place where it is made, of the location of the assets and
of the nationality, domicile or residence of the testator, if it is made in the
form of an international will complying with the requirements of this chapter.

2. The
invalidity of the will as an international will does not affect its formal
validity as a will of another kind.

3. This
chapter does not apply to the form of testamentary dispositions made by two or
more persons in one instrument.

Sec. 7. 1. The will must be made in writing. It need not be written
by the testator himself. It may be written in any language, by hand or by any
other means.

2. The
testator shall declare in the presence of two witnesses and of a person
authorized to act in connection with international wills that the document is
his will and that he knows the contents thereof. The testator need not inform
the witnesses, or the authorized person, of the contents of the will.

3. In the
presence of the witnesses, and of the authorized person, the testator shall
sign the will or, if he has previously signed it, shall acknowledge his
signature.

4. When the
testator is unable to sign, the absence of his signature does not affect the
validity of the international will if the testator indicates the reason for his
inability to sign and the authorized person makes note thereof on the will. In
these cases, it is permissible for any other person present, including the
authorized person or one of the witnesses, at the direction of the testator, to
sign the testators name for him, if the authorized person makes note of this
also on the will, but it is not required that any person sign the testators
name for him.

5. The
witnesses and the authorized person shall there and then attest the will by
signing in the presence of the testator.

Sec. 8. 1. The signatures must be placed at the end of the will. If
the will consists of several sheets, each sheet must be signed by the testator
or, if he is unable to sign, by the person signing on his behalf or, if there
is no such person, by the authorized person. In addition, each sheet must be
numbered.

2. The date of
the will must be the date of its signature by the authorized person. That date
must be noted at the end of the will by the authorized person.

3. The
authorized person shall ask the testator whether he wishes to make a
declaration concerning the safekeeping of his will. If so, and at the express
request of the testator, the place where he intends to have his will kept must
be mentioned in the certificate provided for in section 9 of this act.

4. A will
executed in compliance with section 7 of this act is not invalid merely because
it does not comply with this section.

Sec. 9. The authorized person shall attach to the will a certificate
to be signed by him establishing that the requirements of this chapter for
valid execution of an international will have been complied with. The
authorized person shall keep a copy of the certificate and deliver another to
the testator. The certificate must be in substantially the following form:

I, __________
(name, address and capacity), a person authorized to act in connection with
international wills, certify that on __________ (date) at __________ (place),
__________ (testator name, address, date and place of birth), in my presence
and that of the witnesses:

(a) __________
(name, address, date and place of birth); and

(b) __________
(name, address, date and place of birth),

has declared that the
attached document is his or her will and that he or she knows the contents
thereof.

I furthermore
certify that:

(a) In my
presence and in that of the witnesses:

(1) The
testator has signed the will or has acknowledged his or her signature
previously affixed.

*(2) Following
a declaration of the testator stating that he or she was unable to sign his or
her will for the following reason, __________, I have mentioned this
declaration on the will *and the signature has been affixed by __________ (name
and address).

(b) The
witnesses and I have signed the will.

*(c) Each page
of the will has been signed by __________ and numbered.

(d) I have
satisfied myself as to the identity of the testator and of the witnesses as
designated above.

(e) The
witnesses met the conditions requisite to act as such according to the law
under which I am acting.

*(f) The
testator has requested me to include the following statement concerning the
safekeeping of his or her will:

__________

PLACE OF EXECUTION

DATE

SIGNATURE and, if
necessary, SEAL

*To be completed if
appropriate

Sec. 10. In the absence of evidence to the contrary, the certificate
of the authorized person is conclusive of the formal validity of the instrument
as a will under this chapter. The absence or irregularity of a certificate does
not affect the formal validity of a will under this chapter.

Sec. 11. An international will is subject to the ordinary rules of
revocation of wills.

Sec. 12. Sections 3 to 11, inclusive, of this act derive from Annex
to Convention of October 26, 1973, Providing a Uniform Law on the Form of an
International Will. In interpreting and applying this chapter, regard must be
given to its international origin and to the need for uniformity in its
interpretation.

Sec. 13. Persons who have been admitted to practice law before the courts
of this State and who are in good standing as active law practitioners in this
State are hereby declared to be authorized persons in relation to international
wills.

Sec. 14. NRS
133.080 is hereby amended to read as follows:

133.080 1. [If]Except as otherwise provided in sections
2 to 13, inclusive, of this act, if in writing and subscribed by
the testator, a last will and testament executed outside this State in the
manner prescribed by the law, either of the state where executed or of the testators
domicile, shall be deemed to be legally executed, and is
of the same force and effect as if executed in the manner prescribed by the law
of this State.

deemed to be legally executed, and is of the same force and
effect as if executed in the manner prescribed by the law of this State.

2. This section must be so interpreted and construed
as to effectuate its general purpose to make uniform the law of those states
which enact it.

3. As used in this section, subscribed includes, without
limitation, placing an electronic signature on an electronic will.

________

CHAPTER 74, SB 161

Senate Bill No.
161Senator Wiener

Joint Sponsor:
Assemblywoman Parnell

CHAPTER 74

AN ACT
relating to education; changing the name of the Nevada Youth Legislative Issues
Forum to the Nevada Youth Legislature; revising the appointment process and
eligibility requirements for the members; and providing other matters properly
relating thereto.

[Approved: May 12,
2009]

Legislative Counsels Digest:

Existing law establishes the Nevada Youth Legislative
Issues Forum, consisting of 21 members who are enrolled in grades 9-12 in
public schools or otherwise eligible for enrollment in public schools but
enrolled in a homeschool or private school. (NRS 385.515, 385.525)

Section 2 of this bill: (1) changes the name of
the Nevada Youth Legislative Issues Forum to the Nevada Youth Legislature; (2)
changes the date for appointment of the members from June 30 to March 30; (3)
changes the commencement date of members terms from July 1 to June 1; and (4)
provides an alternative method for appointing a pupil to the Nevada Youth
Legislature if a Senator does not make an appointment by March 30. (NRS
385.515)

Section 3 of this bill: (1) expands the
eligibility requirements to authorize a pupil to apply not only to the Senator
of the senatorial district in which the pupil resides, but also to the Senator
of the senatorial district in which the pupil is enrolled in a public school or
a private school or, if he is homeschooled, otherwise eligible to be enrolled
in a public school; (2) authorizes only pupils who are enrolled in grades 10-12
in public schools or private schools or, if they are homeschooled, otherwise
eligible for such enrollment in public schools to apply for appointment to the
Nevada Youth Legislature; (3) prohibits a member from being appointed by a
relative; and (4) clarifies that pupils who wish to be appointed or reappointed
to the Nevada Youth Legislature may submit only one application to an
appropriate appointing authority in a calendar year. (NRS 385.525)

Section 5 of this bill revises the eligibility
requirements for the Chair of the Nevada Youth Legislature. (NRS 385.545) Section
6 of this bill: (1) authorizes, rather than requires, the Nevada Youth
Legislature to teleconference or videoconference its public hearings; and (2)
requires each member of the Nevada Youth Legislature to conduct at least one
meeting during his term to afford the youth of this State an opportunity to
discuss issues of importance to the youth in this State. (NRS 385.555) Section
7 of this bill revises the date by which the Nevada Youth Legislature must
submit to the Legislative Counsel its request for the drafting of one
legislative measure. (NRS 385.565) Section 10 of this bill extends by 2
years the date by which the money appropriated to the Nevada Youth Legislature
during the 2007 Legislative Session will revert to the State General Fund.

2. Each member of the Senate shall, taking into
consideration any recommendations made by a member of the Assembly, appoint a
person who submits an application and meets the qualifications for appointment
set forth in NRS 385.525. A member of the Assembly may submit recommendations
to a member of the Senate concerning the appointment.

3. After the initial terms:

(a) [Appointments]Except as otherwise provided in
subsection 4, appointments to the [Forum]Youth Legislature must be made by each member
of the Senate before [June]March 30 of each year.

(b) The term of each member of the [Forum]Youth Legislature begins [July]June 1 of the year of appointment.

4. If a
member of the Senate does not make an appointment to the Youth Legislature by
March 30 of a year, the members of the Assembly whose assembly districts are at
least partially located within the senatorial district of that member of the
Senate must collaborate to appoint a person who submits an application and
meets the qualifications for appointment set forth in NRS 385.525.

5. Each
member of the [Forum]Youth Legislature serves a
term of 1 year and may be reappointed if the member continues to meet the
qualifications for appointment set forth in NRS 385.525.

Sec. 3. NRS
385.525 is hereby amended to read as follows:

385.525 1. To be eligible for appointment to the [Forum,]Youth Legislature, a
person : [must be a resident of the senatorial
district of the Senator who appoints him and must be:]

(a) [Enrolled] Must be:

(1) A
resident of the senatorial district of the Senator who appoints him;

(2) Enrolled
in a public school or private school located in the senatorial district of the
Senator who appoints him; or

(3) A
homeschooled child who is otherwise eligible to be enrolled in a public school
in the senatorial district of the Senator who appoints him;

(b) Must
be enrolled in a public school or private school in this State in grade [9,] 10, 11 or 12 for
the school year in which he serves[; or

(b) Exempt]or be [from compulsory attendance pursuant to
NRS 392.070, but]a homeschooled child who is otherwise eligible
to enroll in a public school in this State in grade [9,] 10, 11 or 12 for the school year in
which he serves[.] ; and

(c) Must not be
related by blood, adoption or marriage within
the third degree of consanguinity or affinity to the Senator who appoints him or to any
member of the Assembly who collaborated to
appoint him.

2. A person who [is eligible for appointment]wishes to be appointed or reappointed to
the [Forum may]Youth Legislature must submit
an application on the form prescribed pursuant to subsection 3 to the Senator
of the senatorial district in which the person resides [for appointment or reappointment to the Forum.] , is enrolled in a public school or
private school or, if he is a homeschooled child, the senatorial district in
which he is otherwise eligible to be enrolled in a public school. A person may
not submit an application to more than one Senator in a calendar year.

3. The Director of the Legislative Counsel Bureau
shall prescribe a form for applications submitted pursuant to this section,
which must require the signature of the principal of the school in which the
applicant is enrolled or, if the applicant is [exempt from compulsory attendance pursuant to NRS 392.070,]a homeschooled child, the
signature of a member of the community in which the applicant resides other
than a relative of the applicant.

Sec. 4. NRS
385.535 is hereby amended to read as follows:

385.535 1. A position on the [Forum]Youth Legislature becomes vacant upon:

(a) The death or resignation of a member.

(b) The absence of a member for any reason from two [consecutive]
meetings of the [Forum,]Youth Legislature, unless
excused by the Chairman of the [Forum.] Youth Legislature.

(c) A change of residency or a change of the school of enrollment of a
member which renders that member ineligible under his original appointment.

2. A vacancy on the [Forum]Youth Legislature must be filled for the
remainder of the unexpired term in the same manner as the original appointment.

Sec. 5. NRS
385.545 is hereby amended to read as follows:

385.545 1. The [Forum]Youth Legislature shall elect from among its
members, to serve a term of 1 year beginning on [July]June 1 of each year:

(a) A Chairman, who shall conduct the meetings and
oversee the formation of committees as necessary to accomplish the business of
the [Forum. The Chairman must be:

(1) Enrolled
in a public school in this State in grade 9, 10 or 11 for the school year in
which he serves; or

(2) Exempt
from compulsory attendance pursuant to NRS 392.070, but otherwise eligible to
enroll in a public school in this State in grade 9, 10 or 11 for the school
year in which he serves.] Youth Legislature; and

(b) A Vice Chairman, who shall assist the Chairman and
conduct the meetings of the [Forum]Youth Legislature if the
Chairman is absent or otherwise unable to perform his duties.

[(b) Simultaneously]The Youth Legislature may simultaneously
teleconference or videoconference each public hearing to two or
more prominent locations throughout this State.

[(c)](b) Evaluate, review and
comment upon issues of importance to the youth in this State, including,
without limitation:

(1) Education;

(2) Employment opportunities;

(3) Participation of youth in state and local
government;

(4) A safe learning environment;

(5) The prevention of substance abuse;

(6) Emotional and physical well-being;

(7) Foster care; and

(8) Access to state and local services.

[(d)](c) Conduct a public
awareness campaign to raise awareness about the [Forum]Youth Legislature and to enhance outreach to
the youth in this State.

2. During
his term, each member of the Youth Legislature shall conduct at least one
meeting to afford the youth of this State an opportunity to discuss issues of
importance to the youth in this State.

3. The
[Forum]Youth Legislature may,
within the limits of available money:

(a) During the period in which the Legislature is in a
regular session, meet as often as necessary to conduct the business of the [Forum]Youth Legislature and to
advise the Legislature on proposed legislation relating to the youth in this
State.

(b) Form committees, which may meet as often as
necessary to assist with the business of the [Forum.] Youth Legislature.

(c) Conduct periodic seminars for its members regarding
leadership, government and the legislative process.

(d) Employ a person to provide administrative support
for the [Forum]Youth Legislature or pay
the costs incurred by one or more volunteers to provide any required
administrative support.

[3. The Forum]

4. Except
as otherwise provided in this subsection, the Youth Legislature and
its committees shall comply with the provisions of chapter 241 of NRS.

[4.]Any activities of the Youth Legislature
which are conducted solely for purposes of training, including, without
limitation, any orientation programs conducted for the Youth Legislature, are not
subject to the provisions of chapter 241 of NRS.

5.
On or before [June]May 30 of each year, the [Forum]Youth Legislature shall
submit a written report to the Director of the Legislative Counsel Bureau and
to the Governor describing the activities of the [Forum]Youth Legislature during the immediately
preceding school year and any recommendations for legislation. The Director
shall transmit the written report to the Legislative Committee on Education and
to the next regular session of the Legislature.

1. Request the drafting of not more than one
legislative measure which relates to matters within the scope of the [Forum.]Youth Legislature. A
request must be submitted to the Legislative Counsel on or before [July]December 1 preceding
the commencement of a regular session of the Legislature unless the Legislative
Commission authorizes submitting a request after that date.

2. Adopt procedures to conduct meetings of the [Forum]Youth Legislature and any
committees thereof. Those procedures may be changed upon approval of a majority
vote of all members of the [Forum]Youth Legislature who are
present and voting.

3. Advise the Director of the Legislative Counsel
Bureau regarding the administration of any appropriations, gifts, grants or
donations received for the support of the [Forum.] Youth Legislature.

Sec. 8. NRS
385.575 is hereby amended to read as follows:

385.575 The members of the [Forum]Youth Legislature serve without compensation.
To the extent that money is available, including, without limitation, money
from gifts, grants and donations, the members of the [Forum]Youth Legislature may receive the per diem
allowance and travel expenses provided for state officers and employees
generally for attending a meeting of the [Forum]Youth Legislature or a seminar conducted by
the [Forum.] Youth Legislature.

Sec. 9. NRS
400.035 is hereby amended to read as follows:

400.035 1. The Council shall meet at least once each
calendar quarter and as frequently as necessary to afford the general public,
representatives of governmental agencies and representatives of organizations
an opportunity to present information and recommendations relating to the
coordination between elementary, secondary and postsecondary education,
including, without limitation, the Nevada Youth [Legislative Issues Forum]Legislature created
by NRS 385.515 and the Advisory Council on Parental Involvement established by
NRS 385.610.

2. The Council shall comply with the provisions of
chapter 241 of NRS.

3. For each day or portion of a day during which the
members of the Council attend a meeting of the Council or are otherwise engaged
in the business of the Council:

(a) The members who are Legislators are entitled to
receive the compensation provided for a majority of the members of the
Legislature during the first 60 days of the preceding regular session plus the
per diem allowance provided for state officers and employees generally and the
travel expenses provided pursuant to NRS 218.2207, payable from the Legislative
Fund.

(b) The members who are appointed by the Majority
Leader of the Senate, the Speaker of the Assembly, the Minority Leader of the
Senate and the Minority Leader of the Assembly who are not Legislators are
entitled to receive the per diem allowance and travel expenses provided for
state officers and employees generally, payable from the Legislative Fund.

(c) The members who are appointed by the Governor are
entitled to receive the per diem allowance and travel expenses provided for
state officers and employees generally, payable as other claims against the
State are paid.

Sec. 8. 1. There is hereby
appropriated from the State General Fund to the disbursement account created by
section 1 of this act the sum of $35,000 to fund the Nevada Youth Legislative
Issues Forum created by Senate Bill 247 of [this session.] the 2007 Legislative Session.

2. Any remaining balance of
the appropriation made by subsection 1 must not be committed for expenditure
after June 30, [2009,]2011, by the entity to
which the appropriation is made or any entity to which money from the
appropriation is granted or otherwise transferred in any manner, and any
portion of the appropriated money remaining must not be spent for any purpose
after September [18, 2009,]16, 2011, by either the
entity to which the money was appropriated or the entity to which the money was
subsequently granted or transferred, and must be reverted to the State General
Fund on or before September [18, 2009.] 16, 2011.

Sec. 11. 1. This section and section 10 of this act
become effective upon passage and approval.

2. Sections 1 to 9, inclusive, of this act become effective
on July 1, 2009.

________

κ2009
Statutes of Nevada, Page 257κ

CHAPTER 75, SB 391

Senate Bill No.
391Committee on Health and Education

CHAPTER 75

AN ACT
relating to education; revising provisions relating to the enrollment of
certain pupils in charter schools; and providing other matters properly
relating thereto.

[Approved: May 12,
2009]

Legislative Counsels Digest:

Existing law authorizes a charter school which is
dedicated to providing certain services to pupils who are at risk to enroll a
child who is the sibling of a pupil enrolled in the charter school or who
resides within 2 miles of the charter school if the charter school is located
in an area with a high percentage of children who are at risk before the
charter school enrolls other pupils who are eligible for enrollment. (NRS
386.580) Section 3 of this bill amends existing law to authorize such a
charter school to enroll a child who is in a particular category of at-risk
pupils if the child meets the eligibility for enrollment prescribed by the
charter school for that particular category. Section 1 of this bill
requires a charter school to include in its application to form a charter
school a statement of whether the charter school will enroll pupils who are in
a particular category of at-risk pupils before enrolling other eligible
children and the method for determining eligibility for enrollment in each such
category. (NRS 386.520)

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 386.520 is hereby amended to read as
follows:

386.520 1. A committee to form a charter school must
consist of at least three teachers, as defined in subsection 4. In addition to
the teachers who serve, the committee may consist of:

(a) Members of the general public;

(b) Representatives of nonprofit organizations and
businesses; or

(c) Representatives of a college or university within
the Nevada System of Higher Education.

Κ A majority
of the persons described in paragraphs (a), (b) and (c) who serve on the
committee must be residents of this State at the time that the application to
form the charter school is submitted to the Department.

2. Before a committee to form a charter school may
submit an application to the board of trustees of a school district, the
Subcommittee on Charter Schools, the State Board or a college or university
within the Nevada System of Higher Education, it must submit the application to
the Department. The application must include all information prescribed by the Department
by regulation and:

(a) A written description of how the charter school
will carry out the provisions of NRS 386.500 to 386.610, inclusive.

(b) A written description of the mission and goals for
the charter school. A charter school must have as its stated purpose at least
one of the following goals:

(3) Providing an accurate measurement of the
educational achievement of pupils;

(4) Establishing accountability of public
schools;

(5) Providing a method for public schools to
measure achievement based upon the performance of the schools; or

(6) Creating new professional opportunities for
teachers.

(c) The projected enrollment of pupils in the charter
school.

(d) The proposed dates of enrollment for the charter
school.

(e) The proposed system of governance for the charter
school, including, without limitation, the number of persons who will govern,
the method of selecting the persons who will govern and the term of office for
each person.

(f) The method by which disputes will be resolved
between the governing body of the charter school and the sponsor of the charter
school.

(g) The proposed curriculum for the charter school and,
if applicable to the grade level of pupils who are enrolled in the charter
school, the requirements for the pupils to receive a high school diploma, including,
without limitation, whether those pupils will satisfy the requirements of the
school district in which the charter school is located for receipt of a high
school diploma.

(h) The textbooks that will be used at the charter
school.

(i) The qualifications of the persons who will provide
instruction at the charter school.

(j) Except as otherwise required by NRS 386.595, the
process by which the governing body of the charter school will negotiate
employment contracts with the employees of the charter school.

(k) A financial plan for the operation of the charter
school. The plan must include, without limitation, procedures for the audit of
the programs and finances of the charter school and guidelines for determining
the financial liability if the charter school is unsuccessful.

(l) A statement of whether the charter school will
provide for the transportation of pupils to and from the charter school. If the
charter school will provide transportation, the application must include the
proposed plan for the transportation of pupils. If the charter school will not
provide transportation, the application must include a statement that the
charter school will work with the parents and guardians of pupils enrolled in
the charter school to develop a plan for transportation to ensure that pupils
have access to transportation to and from the charter school.

(m) The procedure for the evaluation of teachers of the
charter school, if different from the procedure prescribed in NRS 391.3125. If
the procedure is different from the procedure prescribed in NRS 391.3125, the
procedure for the evaluation of teachers of the charter school must provide the
same level of protection and otherwise comply with the standards for evaluation
set forth in NRS 391.3125.

(n) The time by which certain academic or educational
results will be achieved.

(o) The kind of school, as defined in subsections 1 to
4, inclusive, of NRS 388.020, for which the charter school intends to operate.

(p) A
statement of whether the charter school will enroll pupils who are in a
particular category of at-risk pupils before enrolling other children who are
eligible to attend the charter school pursuant to NRS 386.580 and the method
for determining eligibility for enrollment in each such category of at-risk
pupils served by the charter school.

3. The Department shall review an application to form
a charter school to determine whether it is complete. If an application
proposes to convert an existing public school, homeschool or other program of
home study into a charter school, the Department shall deny the application.
The Department shall provide written notice to the applicant of its approval or
denial of the application. If the Department denies an application, the
Department shall include in the written notice the reason for the denial and the
deficiencies in the application. The applicant must be granted 30 days after
receipt of the written notice to correct any deficiencies identified in the
written notice and resubmit the application.

4. As used in subsection 1, teacher means a person
who:

(a) Holds a current license to teach issued pursuant to
chapter 391 of NRS; and

(b) Has at least 2 years of experience as an employed
teacher.

Κ The term
does not include a person who is employed as a substitute teacher.

Sec. 2. NRS
386.527 is hereby amended to read as follows:

386.527 1. If the State Board, the board of trustees
of a school district or a college or university within the Nevada System of
Higher Education approves an application to form a charter school, it shall
grant a written charter to the applicant. The State Board, the board of
trustees, the college or the university, as applicable, shall, not later than
10 days after the approval of the application, provide written notice to the
Department of the approval and the date of the approval. If the board of
trustees approves the application, the board of trustees shall be deemed the
sponsor of the charter school.

2. If the State Board approves the application:

(a) The State Board shall be deemed the sponsor of the
charter school.

(b) Neither the State of Nevada, the State Board nor
the Department is an employer of the members of the governing body of the
charter school or any of the employees of the charter school.

3. If a college or university within the Nevada System of Higher Education approves the application:

(a) That institution shall be deemed the sponsor of the
charter school.

(b) Neither the State of Nevada, the State Board nor
the Department is an employer of the members of the governing body of the
charter school or any of the employees of the charter school.

4. The governing body of a charter school may request,
at any time, a change in the sponsorship of the charter school to an entity
that is authorized to sponsor charter schools pursuant to NRS 386.515. The
State Board shall adopt:

(a) An application process for a charter school that
requests a change in the sponsorship of the charter school, which must not
require the applicant to undergo the requirements of an initial application to
form a charter school; and

(b) Objective criteria for the conditions under which
such a request may be granted.

5. Except as otherwise provided in subsection 7, a
written charter must be for a term of 6 years unless the governing body of a
charter school renews its initial charter after 3 years of operation pursuant
to subsection 2 of NRS 386.530. A written charter must include all conditions
of operation set forth in [paragraphs (a) to (o), inclusive, of]
subsection 2 of NRS 386.520 and include the kind of school, as defined in
subsections 1 to 4, inclusive, of NRS 388.020 for which
the charter school is authorized to operate.

NRS 388.020 for which the charter school is authorized to
operate. If the State Board or a college or university within the Nevada System
of Higher Education is the sponsor of the charter school, the written charter
must set forth the responsibilities of the sponsor and the charter school with
regard to the provision of services and programs to pupils with disabilities
who are enrolled in the charter school in accordance with the Individuals with
Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and NRS 388.440 to
388.520, inclusive. As a condition of the issuance of a written charter
pursuant to this subsection, the charter school must agree to comply with all
conditions of operation set forth in NRS 386.550.

6. The governing body of a charter school may submit
to the sponsor of the charter school a written request for an amendment of the
written charter of the charter school. Such an amendment may include, without
limitation, the expansion of instruction and other educational services to
pupils who are enrolled in grade levels other than the grade levels of pupils
currently approved for enrollment in the charter school if the expansion of
grade levels does not change the kind of school, as defined in NRS 388.020, for
which the charter school is authorized to operate. If the proposed amendment
complies with the provisions of this section, NRS 386.500 to 386.610,
inclusive, and any other statute or regulation applicable to charter schools,
the sponsor may amend the written charter in accordance with the proposed
amendment. If a charter school wishes to expand the instruction and other
educational services offered by the charter school to pupils who are enrolled
in grade levels other than the grade levels of pupils currently approved for
enrollment in the charter school and the expansion of grade levels changes the
kind of school, as defined in NRS 388.020, for which the charter school is
authorized to operate, the governing body of the charter school must submit a new
application to form a charter school. If such an application is approved, the
charter school may continue to operate under the same governing body and an
additional governing body does not need to be selected to operate the charter
school with the expanded grade levels.

7. The State Board shall adopt objective criteria for
the issuance of a written charter to an applicant who is not prepared to
commence operation on the date of issuance of the written charter. The criteria
must include, without limitation, the:

(a) Period for which such a written charter is valid;
and

(b) Timelines by which the applicant must satisfy
certain requirements demonstrating its progress in preparing to commence
operation.

Κ A holder of
such a written charter may apply for grants of money to prepare the charter
school for operation. A written charter issued pursuant to this subsection must
not be designated as a conditional charter or a provisional charter or
otherwise contain any other designation that would indicate the charter is
issued for a temporary period.

8. The holder of a written charter that is issued
pursuant to subsection 7 shall not commence operation of the charter school and
is not eligible to receive apportionments pursuant to NRS 387.124 until the
sponsor has determined that the requirements adopted by the State Board
pursuant to subsection 7 have been satisfied and that the facility the charter
school will occupy has been inspected and meets the requirements of any
applicable building codes, codes for the prevention of fire, and codes
pertaining to safety, health and sanitation.

safety, health and sanitation. Except as otherwise provided
in this subsection, the sponsor shall make such a determination 30 days before
the first day of school for the:

(a) Schools of the school district in which the charter
school is located that operate on a traditional school schedule and not a
year-round school schedule; or

(b) Charter school,

Κ whichever
date the sponsor selects. The sponsor shall not require a charter school to
demonstrate compliance with the requirements of this subsection more than 30
days before the date selected. However, it may authorize a charter school to demonstrate
compliance less than 30 days before the date selected.

Sec. 3. NRS
386.580 is hereby amended to read as follows:

386.580 1. An application for enrollment in a charter
school may be submitted to the governing body of the charter school by the
parent or legal guardian of any child who resides in this State. Except as
otherwise provided in this subsection and subsection 2, a charter school shall
enroll pupils who are eligible for enrollment in the order in which the
applications are received. If the board of trustees of the school district in
which the charter school is located has established zones of attendance
pursuant to NRS 388.040, the charter school shall, if practicable, ensure that
the racial composition of pupils enrolled in the charter school does not differ
by more than 10 percent from the racial composition of pupils who attend public
schools in the zone in which the charter school is located. If a charter school
is sponsored by the board of trustees of a school district located in a county
whose population is 100,000 or more, except for a program of distance education
provided by the charter school, the charter school shall enroll pupils who are
eligible for enrollment who reside in the school district in which the charter
school is located before enrolling pupils who reside outside the school district.
Except as otherwise provided in subsection 2, if more pupils who are eligible
for enrollment apply for enrollment in the charter school than the number of
spaces which are available, the charter school shall determine which applicants
to enroll pursuant to this subsection on the basis of a lottery system.

2. Before a charter school enrolls pupils who are
eligible for enrollment, a charter school that is dedicated to providing
educational programs and opportunities to pupils who are at risk may enroll a
child who:

(a) Is a sibling of a pupil who is currently enrolled
in the charter school; [or]

(b) Is in
a particular category of at-risk pupils and the child meets the eligibility for
enrollment prescribed by the charter school for that particular category; or

(c) Resides
within the school district and within 2 miles of the charter school if the
charter school is located in an area that the sponsor of the charter school
determines includes a high percentage of children who are at risk. If space is
available after the charter school enrolls pupils pursuant to this paragraph,
the charter school may enroll children who reside outside the school district
but within 2 miles of the charter school if the charter school is located
within an area that the sponsor determines includes a high percentage of
children who are at risk.

Κ If more
pupils described in this subsection who are eligible apply for enrollment than
the number of spaces available, the charter school shall determine which
applicants to enroll pursuant to this subsection on the basis of a lottery
system.

3. Except as otherwise provided in subsection 8, a
charter school shall not accept applications for enrollment in the charter
school or otherwise discriminate based on the:

(a) Race;

(b) Gender;

(c) Religion;

(d) Ethnicity; or

(e) Disability,

Κ of a pupil.

4. If the governing body of a charter school
determines that the charter school is unable to provide an appropriate special
education program and related services for a particular disability of a pupil
who is enrolled in the charter school, the governing body may request that the
board of trustees of the school district of the county in which the pupil
resides transfer that pupil to an appropriate school.

5. Except as otherwise provided in this subsection,
upon the request of a parent or legal guardian of a child who is enrolled in a
public school of a school district or a private school, or a parent or legal
guardian of a homeschooled child, the governing body of the charter school
shall authorize the child to participate in a class that is not otherwise
available to the child at his school or homeschool or participate in an
extracurricular activity at the charter school if:

(a) Space for the child in the class or extracurricular
activity is available;

(b) The parent or legal guardian demonstrates to the
satisfaction of the governing body that the child is qualified to participate
in the class or extracurricular activity; and

(c) The child is a homeschooled child and a notice of
intent of a homeschooled child to participate in programs and activities is
filed for the child with the school district in which the child resides for the
current school year pursuant to NRS 392.705.

Κ If the
governing body of a charter school authorizes a child to participate in a class
or extracurricular activity pursuant to this subsection, the governing body is
not required to provide transportation for the child to attend the class or
activity. A charter school shall not authorize such a child to participate in a
class or activity through a program of distance education provided by the
charter school pursuant to NRS 388.820 to 388.874, inclusive.

6. The governing body of a charter school may revoke
its approval for a child to participate in a class or extracurricular activity
at a charter school pursuant to subsection 5 if the governing body determines
that the child has failed to comply with applicable statutes, or applicable
rules and regulations. If the governing body so revokes its approval, neither
the governing body nor the charter school is liable for any damages relating to
the denial of services to the child.

7. The governing body of a charter school may, before
authorizing a homeschooled child to participate in a class or extracurricular
activity pursuant to subsection 5, require proof of the identity of the child,
including, without limitation, the birth certificate of
the child or other documentation sufficient to establish the identity of the
child.

without limitation, the birth certificate of the child or
other documentation sufficient to establish the identity of the child.

8. This section does not preclude the formation of a
charter school that is dedicated to provide educational services exclusively to
pupils:

(a) With disabilities;

(b) Who pose such severe disciplinary problems that
they warrant a specific educational program, including, without limitation, a
charter school specifically designed to serve a single gender that emphasizes
personal responsibility and rehabilitation; or

(c) Who are at risk.

Κ If more
eligible pupils apply for enrollment in such a charter school than the number
of spaces which are available, the charter school shall determine which
applicants to enroll pursuant to this subsection on the basis of a lottery
system.

Sec. 4. This act becomes effective on July 1, 2009.

________

CHAPTER 76, SB 14

Senate Bill No.
14Senator Mathews

CHAPTER 76

AN ACT
relating to marriage; increasing the portion of the fee for a marriage license
that funds the Account for Aid for Victims of Domestic Violence; providing for
the collection of additional fees relating to marriage licenses to fund the
Account for Aid for Victims of Domestic Violence; and providing other matters
properly relating thereto.

[Approved: May 13,
2009]

Legislative Counsels Digest:

Existing law requires a county clerk to collect certain
fees when issuing a marriage license. (NRS 122.060) A portion of the fee a
county clerk collects when issuing a marriage license is dedicated to the
Account for Aid for Victims of Domestic Violence in the State General Fund. Section
1 of this bill increases the portion of the fee for a marriage license that
funds the Account for Aid for Victims of Domestic Violence from $20 to $25.

Section 2 of this bill provide that the county
clerk shall collect, if authorized by the board of county commissioners, an
additional fee of $5 for the Account for Aid for Victims of Domestic Violence
in the State General Fund when certifying a copy of a certificate of marriage
or when certifying an abstract of a certificate of marriage. (NRS 246.180) Section
3 of this bill requires the county recorder to charge the same fee as
required in section 2. (NRS 247.305)

THE PEOPLE OF THE
STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
122.060 is hereby amended to read as follows:

122.060 1. The county clerk is entitled to receive as
his fee for issuing [the]a marriage license the sum of $21.

2. The county clerk shall also at the time of issuing
the marriage license:

(1) If the board of county commissioners has
adopted an ordinance pursuant to NRS 246.100, deposit the sum into the county
general fund pursuant to NRS 246.180 for filing the originally signed copy of
the certificate of marriage described in NRS 122.120.

(2) If the board of county commissioners has not
adopted an ordinance pursuant to NRS 246.100, pay it over to the county
recorder as his fee for recording the originally signed copy of the certificate
of marriage described in NRS 122.120.

(b) Collect the additional fee described in subsection
2 of NRS 246.180, if the board of county commissioners has adopted an ordinance
authorizing the collection of such fee, and deposit the fee pursuant to NRS
246.190.

3. The county clerk shall also at the time of issuing
the marriage license
collect the additional sum of $4 for the State of Nevada. The fees collected
for the State must be paid over to the county treasurer by the county clerk on
or before the fifth day of each month for the preceding calendar month, and
must be placed to the credit of the State General Fund. The county treasurer
shall remit quarterly all such fees deposited by the county clerk to the State
Controller for credit to the State General Fund.

4. The county clerk shall also at the time of issuing
the marriage license
collect the additional sum of [$20]$25 for the Account for Aid for Victims of
Domestic Violence in the State General Fund. The fees collected for this
purpose must be paid over to the county treasurer by the county clerk on or
before the fifth day of each month for the preceding calendar month, and must
be placed to the credit of that Account. The county treasurer shall, on or
before the 15th day of each month, remit those fees deposited by the county
clerk to the State Controller for credit to that Account.

Sec. 2. NRS
246.180 is hereby amended to read as follows:

246.180 1. If the board of county commissioners has
adopted an ordinance pursuant to NRS 246.100, the county clerk shall charge and
collect the following fees:

(a) For filing any certificate of marriage, $10.

(b) For copying any certificate of marriage, $1 per
page.

(c) For a certified copy of a certificate of marriage,
$10.

(d) For a certified abstract of a certificate of
marriage, $10.

(e) For a
certified copy of a certificate of marriage or for a certified abstract of a
certificate of marriage, the additional sum of $5 for the Account for Aid for
Victims of Domestic Violence in the State General Fund. The fees collected for
this purpose must be paid over to the county treasurer by the county clerk on
or before the fifth day of each month for the preceding calendar month, and
must be credited to that Account. The county treasurer shall, on or before the
15th day of each month, remit those fees deposited by the clerk to the State
Controller for credit to that Account.

2. In addition to the fees described in subsection 1,
a county clerk may charge and collect an additional fee not to exceed $3 for
filing a certificate of marriage, if the board of county commissioners has
adopted an ordinance authorizing the additional fee. The county clerk shall pay
to the county treasurer the amount of fees collected by him pursuant to this
subsection for credit to the account established pursuant to NRS 246.190.

3. A county clerk shall charge and collect the fees
specified in this section for copying a document specified in this section at
the request of the State of Nevada or any city or town
within the county.

State of Nevada or any city or town within the county. For
copying, and for his certificate and seal upon the copy, the county clerk shall
charge the regular fee.

4. Except as otherwise provided in an ordinance
adopted pursuant to NRS 244.207, county clerks shall, on or before the fifth
working day of each month, account for and pay to the county treasurer all fees
related to filing certificates of marriage collected during the preceding
month.

5. For purposes of this section, State of Nevada, county, city and town include any department or agency thereof and any
officer thereof in his official capacity.

Sec. 3. NRS
247.305 is hereby amended to read as follows:

247.305 1. If another statute specifies the fee to be
charged for a service, county recorders shall charge and collect only the fee
specified. Otherwise, unless prohibited by NRS 375.060, county recorders shall
charge and collect the following fees:

(a) For
recording any document, for the first page , $10 .

(b) For
each additional page , $1 .

(c) For
recording each portion of a document which must be separately indexed, after
the first indexing , $3 .

(d) For
copying any record, for each page
, $1 .

(e) For
certifying, including certificate and seal , $4 .

(f) For
a certified copy of a certificate of marriage , $10 .

(g) For
a certified abstract of a certificate of marriage , $10 .

(h) For a
certified copy of a certificate of marriage or for a certified abstract of a
certificate of marriage, the additional sum of $5 for the Account for Aid for
Victims of Domestic Violence in the State General Fund. The fees collected for
this purpose must be paid over to the county treasurer by the county recorder
on or before the fifth day of each month for the preceding calendar month, and
must be credited to that Account. The county treasurer shall, on or before the
15th day of each month, remit those fees deposited by the recorder to the State
Controller for credit to that Account.

2. Except as otherwise provided in this subsection and
NRS 375.060, a county recorder may charge and collect, in addition to any fee
that a county recorder is otherwise authorized to charge and collect, an
additional fee not to exceed $3 for recording a document, instrument, paper,
notice, deed, conveyance, map, chart, survey or any other writing. A county
recorder may not charge the additional fee authorized in this subsection for
recording the originally signed copy of a certificate of marriage described in
NRS 122.120. On or before the fifth day of each month, the county recorder
shall pay the amount of fees collected by him pursuant to this subsection to
the county treasurer for credit to the account established pursuant to NRS
247.306.

3. Except as otherwise provided in this subsection and
NRS 375.060, a county recorder shall charge and collect, in addition to any fee
that a county recorder is otherwise authorized to charge and collect, an
additional fee of $1 for recording a document, instrument, paper, notice, deed,
conveyance, map, chart, survey or any other writing. A county recorder shall
not charge the additional fee authorized in this subsection for recording the
originally signed copy of a certificate of marriage described in NRS 122.120.
On or before the fifth day of each month, the county recorder shall pay the
amount of fees collected by him pursuant to this subsection to the county
treasurer. On or before the 15th day of each month, the county treasurer shall
remit the money received by him pursuant to this
subsection to the State Treasurer for credit to the Account to Assist Persons
Formerly in Foster Care established pursuant to NRS 432.017.

money received by him pursuant to this subsection to the
State Treasurer for credit to the Account to Assist Persons Formerly in Foster
Care established pursuant to NRS 432.017.

4. Except as otherwise provided in this subsection,
subsection 5 or by specific statute, a county recorder may charge and collect,
in addition to any fee that a county recorder is otherwise authorized to charge
and collect, an additional fee not to exceed $25 for recording any document
that does not meet the standards set forth in subsection 3 of NRS 247.110. A
county recorder shall not charge the additional fee authorized by this
subsection for recording a document that is exempt from the provisions of subsection
3 of NRS 247.110.

5. Except as otherwise provided in subsection 6, a
county recorder shall not charge or collect any fees for any of the services
specified in this section when rendered by him to:

(a) The county in which his office is located.

(b) The State of Nevada or any city or town within the
county in which his office is located, if the document being recorded:

(1) Conveys to the State, or to that city or
town, an interest in land;

(2) Is a mortgage or deed of trust upon lands
within the county which names the State or that city or town as beneficiary;

(3) Imposes a lien in favor of the State or that
city or town; or

(4) Is a notice of the pendency of an action by
the State or that city or town.

6. A county recorder shall charge and collect the fees
specified in this section for copying any document at the request of the State
of Nevada, and any city or town within the county. For copying, and for his
certificate and seal upon the copy, the county recorder shall charge the
regular fee.

7. If the amount of money collected by a county
recorder for a fee pursuant to this section:

(a) Exceeds by $5 or less the amount required by law to
be paid, the county recorder shall deposit the excess payment with the county
treasurer for credit to the county general fund.

(b) Exceeds by more than $5 the amount required by law
to be paid, the county recorder shall refund the entire amount of the excess
payment.

8. Except as otherwise provided in subsection 2, 3 or
7 or by an ordinance adopted pursuant to the provisions of NRS 244.207, county
recorders shall, on or before the fifth working day of each month, account for
and pay to the county treasurer all such fees collected during the preceding
month.

9. For the purposes of this section, State of Nevada, county, city and town include any department or agency thereof and any
officer thereof in his official capacity.

AN ACT
relating to highways; providing for the evaluation and establishment of the
maximum speed on certain portions of State Route 159; and providing other
matters properly relating thereto.

[Approved: May 13,
2009]

Legislative Counsels Digest:

This bill establishes the State Route 159 Safety Speed
Zone to provide for the evaluation and establishment of the maximum speed on
portions of State Route 159 that: (1) are within the Red Rock Canyon National
Conservation Area; (2) abut or are immediately adjacent to the Red Rock Canyon
National Conservation Area; or (3) have been designated as a Scenic Byway or
State Scenic Byway.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section1. The
Legislature hereby finds and declares that:

1. Because of the unique character of the Red Rock Canyon
National Conservation Area, restrictions on the maximum speed for vehicular
traffic in and around the Red Rock Canyon National Conservation Area are
necessary for:

(a) The protection of the natural environment in and around
the Red Rock Canyon National Conservation Area; and

(b) The safety and protection of the residents and visitors
who enjoy the scenic beauty and recreational opportunities in and around the
Red Rock Canyon National Conservation Area.

2.The enactment of this act is
not intended to encourage the imposition of similar restrictions on other
designated highways in this State.

Sec. 2. Chapter
484 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. The State
Route 159 Safety Speed Zone is hereby established.

2. Within the
State Route 159 Safety Speed Zone, the Department of Transportation, in
cooperation with other governmental entities whose jurisdiction includes this
area, shall ensure that:

(a) The maximum
speed that is allowed for vehicular traffic will be set by the Director of the
Department of Transportation at a level which takes into consideration the
safety and protection of the residents of and visitors to the Red Rock Canyon
National Conservation Area. In setting that maximum speed, the Director of the
Department of Transportation shall consider, without limitation, the following
factors:

(1) Activity
of bicycles and pedestrians in the area.

(2) Protection
of the natural environment.

(3) History
of accidents and crashes in the area.

(4) Recreational
activities conducted in the area.

(5) The
evaluation and use of measures of traffic calming which will support the
maximum speed that is set.

(6) The
ability of law enforcement agencies to enforce effectively the maximum speed
that is set.

(b)
Adequate signage or other forms of notice are evaluated and installed to
support and enhance the maximum speed that is set by the Director of the
Department of Transportation, as described in paragraph (a).

3. The State
Route 159 Safety Speed Zone consists of:

(a) Any portion
of State Route 159 that is within the Red Rock Canyon National Conservation
Area;

(b) Any portion
of State Route 159 that abuts or is immediately adjacent to the Red Rock Canyon
National Conservation Area; and

(c) Any portion
of State Route 159 that has been designated as a Scenic Byway or State Scenic
Byway.

4. As used in
this section:

(a) Scenic
Byway and State Scenic Byway have the meanings ascribed to them in the
National Scenic Byways Program, as issued by the Federal Highway Administration
in 60 Federal Register 26,759 on May 18, 1995.

Sec. 3. 1. On or before February 1, 2011, the
Director of the Department of Transportation shall submit a report on the
effectiveness of the State Route 159 Safety Speed Zone and any recommendations
for legislation to the Director of the Legislative Counsel Bureau for
transmission to the 76th Session of the Nevada Legislature.

2. As used in this section, State Route 159 Safety Speed
Zone means the zone established pursuant to section 2 of this act.

Sec. 4. This act becomes effective on July 1, 2009.

________

κ2009
Statutes of Nevada, Page 269κ

CHAPTER 78, SB 23

Senate Bill No.
23Committee on Health and Education

CHAPTER 78

AN ACT
relating to the Department of Health and Human Services; transferring from the
Governor to the Director of the Department the authority to appoint the
Administrator of the Division of Mental Health and Developmental Services;
providing greater flexibility in the appointment of administrative personnel;
repealing certain provisions relating to the designation of deputy administrative
officers; and providing other matters properly relating thereto.

[Approved: May 18,
2009]

Legislative Counsels Digest:

Existing law requires that the Governor appoint the
Administrator of the Division of Mental Health and Developmental Services of
the Department of Health and Human Services from a list of persons nominated by
the Commission on Mental Health and Developmental Services. (NRS 232.320,
433.244) Section 1 of this bill transfers the authority to appoint the
Administrator from the Governor to the Director of the Department. Section 2
of this bill eliminates the requirement that the Administrator be appointed
from a list of persons nominated by the Commission. Section 2 also
removes a provision authorizing the Department of Personnel to prescribe
qualifications for the job of Administrator. (NRS 433.244) Section 3 of
this bill provides for the Administrator to serve at the pleasure of the
Director instead of the Governor. (NRS 433.254) Sections 3 and 4 of this
bill also provide, respectively, greater flexibility in the appointment of
administrative personnel to the Administrators of the Division of Mental Health
and Developmental Services and the Division of Child and Family Services of the
Department. (NRS 433.254, 433B.130)

(a) Shall appoint, with the consent of the Governor,
administrators of the divisions of the Department, who are respectively
designated as follows:

(1) The Administrator of the Aging Services
Division;

(2) The Administrator of the Health Division;

(3) The Administrator of the Division of Welfare
and Supportive Services;

(4) The Administrator of the Division of Child
and Family Services; [and]

(5) The Administrator of the Division of Health
Care Financing and Policy [.] ; and

(6) The
Administrator of the Division of Mental Health and Developmental Services.

(b) Shall administer, through the divisions of the
Department and the Office of Disability Services, the provisions of chapters
63, 424, 425, 426A, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A
and 656A of NRS, NRS 127.220 to 127.310, inclusive,
422.001 to 422.410, inclusive, 422.580, 426.205 to 426.345, inclusive, 432.010
to 432.133, inclusive, 444.003 to 444.430, inclusive, and 445A.010 to 445A.055,
inclusive, and all other provisions of law relating to the functions of the
divisions of the Department and the Office of Disability Services, but is not
responsible for the clinical activities of the Health Division or the
professional line activities of the other divisions or the Office of Disability
Services.

NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410,
inclusive, 422.580, 426.205 to 426.345, inclusive, 432.010 to 432.133,
inclusive, 444.003 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive,
and all other provisions of law relating to the functions of the divisions of
the Department and the Office of Disability Services, but is not responsible
for the clinical activities of the Health Division or the professional line
activities of the other divisions or the Office of Disability Services.

(c) Shall, after considering advice from agencies of
local governments and nonprofit organizations which provide social services,
adopt a master plan for the provision of human services in this State. The
Director shall revise the plan biennially and deliver a copy of the plan to the
Governor and the Legislature at the beginning of each regular session. The plan
must:

(1) Identify and assess the plans and programs of
the Department for the provision of human services, and any duplication of
those services by federal, state and local agencies;

(2) Set forth priorities for the provision of
those services;

(3) Provide for communication and the
coordination of those services among nonprofit organizations, agencies of local
government, the State and the Federal Government;

(4) Identify the sources of funding for services
provided by the Department and the allocation of that funding;

(5) Set forth sufficient information to assist
the Department in providing those services and in the planning and budgeting for
the future provision of those services; and

(6) Contain any other information necessary for
the Department to communicate effectively with the Federal Government
concerning demographic trends, formulas for the distribution of federal money
and any need for the modification of programs administered by the Department.

(d) May, by regulation, require nonprofit organizations
and state and local governmental agencies to provide information to him
regarding the programs of those organizations and agencies, excluding detailed
information relating to their budgets and payrolls, which he deems necessary
for his performance of the duties imposed upon him pursuant to this section.

(e) Has such other powers and duties as are provided by
law.

2. Notwithstanding any other provision of law, the
Director, or his designee, is responsible for appointing and removing
subordinate officers and employees of the Department, other than:

(a) [The Administrator of the Division of Mental Health and
Developmental Services who is appointed pursuant to subsection 3;

(b)]
The Executive Director of the Nevada Indian Commission who is appointed
pursuant to NRS 233A.055; and

[(c)](b) The State Public Defender of the Office of
State Public Defender who is appointed pursuant to NRS 180.010.

[3. The Governor shall appoint the Administrator of the
Division of Mental Health and Developmental Services.]

Sec. 2. NRS 433.244
is hereby amended to read as follows:

433.244 1. The Administrator must [:

(a) Have
training]have:

(a) Training
and demonstrated administrative qualities of leadership in any one of the
professional fields of psychiatry, medicine, psychology, social work, education
or administration [.

(b) Be
appointed, from a list of three persons nominated by the Commission, on the
basis of merit as measured by administrative]; and

(b) Administrative
training or experience in programs relating to mental health, including care,
treatment or training, or any combination thereof, of persons with mental
illness or mental retardation and persons with related conditions.

[(c) Have additional qualifications which are in accordance
with criteria prescribed by the Department of Personnel.]

2. The Administrator is in the unclassified service of
the State.

Sec. 3. NRS 433.254
is hereby amended to read as follows:

433.254 1. The Administrator serves at the pleasure
of the [Governor]Director of the Department and shall:

(a) Serve as the Executive Officer of the Division;

(b) Administer the Division in accordance with the
policies established by the Commission;

(c) Make an annual report to the Director of the
Department on the condition and operation of the Division, and such other
reports as the Director may prescribe; and

(d) Employ, within the limits of available money, the
assistants and employees necessary to the efficient operation of the Division.

2. The Administrator [shall appoint]may:

(a) Appoint
the administrative personnel necessary to operate the programs of the Division .[, including an Associate
Administrator for Mental Retardation. The Commission must approve the
credentials, training and experience of deputy administrators and heads of
enumerated institutions. He shall delegate]

(b) Delegate
to the administrative officers the power to appoint medical, technical,
clerical and operational staff necessary for the operation of the facilities of
the Division.

3. If the Administrator finds that it is necessary or
desirable that any employee reside at a facility operated by the Division or
receive meals at such a facility, perquisites granted or charges for services
rendered to that person are at the discretion of the [Governor.] Director of the Department.

4. The Administrator may accept persons referred to the
Division for treatment pursuant to the provisions of NRS 458.290 to 458.350,
inclusive.

Sec. 4. NRS 433B.130
is hereby amended to read as follows:

433B.130 1. The Administrator shall [:

(a) Administer,]administer, in
accordance with the policies established by the Commission, the programs of the
Division for the mental health of children.

[(b) Appoint]

2. The
Administrator may:

(a) Appoint
the administrative personnel necessary to operate the programs of the Division
for the mental health of children. [The Commission must
approve the credentials, training and experience of deputy administrators and
administrative officers appointed for this purpose.

(c)]

(b) Delegate
to the administrative officers the power to appoint medical, technical,
clerical and operational staff necessary for the operation of any division
facilities.

[2.]3. If the Administrator finds that it is
necessary or desirable that any employee reside at a facility operated by the
Division or receive meals at such a facility, perquisites
granted or charges for services rendered to that person are at the discretion
of the [Governor.

such a facility, perquisites granted or charges for services
rendered to that person are at the discretion of the [Governor.

3.]Director of the Department.

4.
The Administrator may accept children referred to the Division for treatment
pursuant to the provisions of NRS 458.290 to 458.350, inclusive.

[4.]5. The Administrator may enter into
agreements with the Administrator of the Division of Mental Health and
Developmental Services of the Department for the care and treatment of clients
of the Division of Child and Family Services at any facility operated by the
Division of Mental Health and Developmental Services.

Sec. 5. NRS 433.274 and 433B.180 are hereby
repealed.

________

CHAPTER 79, SB 83

Senate Bill No.
83Committee on Judiciary

CHAPTER 79

AN ACT
relating to gaming; revising the provisions concerning the establishment of
branch offices of the State Gaming Control Board; revising the provisions
relating to the confidentiality of certain information and data provided to or
prepared by the Board and the Nevada Gaming Commission; authorizing the Board
and Commission to require certain persons to be found suitable or licensed;
making changes relating to the registration of gaming employees; making changes
concerning disseminators of live broadcasts of racing; making various other
changes relating to the regulation of gaming; and providing other matters
properly relating thereto.

[Approved: May 18,
2009]

Legislative Counsels Digest:

Section 1 of this bill adds a new definition of
the term manufacture, and sections 3-5 of this bill revise the
definitions of the terms gaming device, gaming employee and manufacturer
for the purposes of the statutory provisions governing the licensing and
control of gaming. (NRS 463.0155, 463.0157, 463.0172)

Existing law authorizes the State Gaming Control Board to
maintain branch offices in space provided by the Buildings and Grounds Division
of the Department of Administration. Section 6 of this bill removes the
requirement regarding the Division and instead authorizes the Chairman of the
Board to enter into leases or other agreements necessary to establish branch
offices of the Board. (NRS 463.100) Section 7 of this bill revises the
provisions relating to the confidentiality of certain information and data
provided to or prepared by the Board and the Nevada Gaming Commission. (NRS
463.120) Section 8 of this bill deletes certain obsolete language
relating to the reporting and keeping of records by casinos concerning
transactions involving cash. (NRS 463.125)

Section 9 of
this bill authorizes the Board and Commission to require a person to be found
suitable or licensed if the person: (1) operates a call center within this
State as an agent of a licensed race book or sports pool; or (2) has invented,
has developed or owns the intellectual property rights to a game for which
approval by the Commission is being sought or has been received. (NRS 463.162) Section
10 of this bill requires any person granted a license or found suitable by
the Commission to continue to meet the applicable standards and qualifications
originally needed for the license or finding of suitability.

of suitability. (NRS
463.170) Section 11 of this bill: (1) provides that a registered gaming
employee must file a change of employment notice within 10 calendar days with
the Board; and (2) authorizes the Board to charge a fee to process a change of
employment notice, limited to the actual investigative and administrative costs
related to processing the change of employment notice. (NRS 463.335) Section
12 of this bill changes the time within which an agent of the Board must
mail written notice concerning a dispute between a patron and licensee from 30
days to 45 days after the date the Board first receives notification concerning
the dispute. (NRS 463.362)

Sections 13-16 and 20 of this bill: (1) revise the
process for notification to disseminators of live broadcasts of racing
concerning certain proposals to broadcast racing meets; (2) delete references
to the Account for the Operation of Hearing Panels; (3) authorize the Board to
establish fees to be paid by a disseminator of a live broadcast, instead of a
user; and (4) eliminate the requirement that the Commission is required to fix,
regulate and control the rates to be charged by any disseminator of information
concerning racing held at a track which uses the pari-mutuel system of
wagering. (NRS 463.422, 463.423, 463.426, 463.445)

Section 17 of this bill provides that to the
extent practicable, the provisions of the Nevada Gaming Control Act that apply
to a limited partnership shall be deemed to apply to a registered
limited-liability partnership or a foreign registered limited-liability
partnership. (NRS 463.563)

Section 18.5 of this bill authorizes the
Commission to provide by regulation for: (1) the filing by manufacturers of
reports and information governing independent contractors; (2) the registration
of independent contractors; (3) procedures pursuant to which an independent
contractor may be required to file an application for a finding of suitability;
and (4) such other regulatory oversight of independent contractors as the
Commission determines necessary and appropriate. (NRS 463.650) Section 19
of this bill provides that: (1) no interest subject to the Nevada Gaming
Control Act may be transferred to any heir or devisee from probate until the
heir or devisee applies for and obtains all approvals necessary to hold or own
such an interest from the Commission; and (2) if the heir or devisee fails to
obtain all such necessary approvals, the entity in which the interest exists
must purchase the interest for cash at fair market value based upon two appraisals.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
463 of NRS is hereby amended by adding thereto

a new section to read as follows:

1. Manufacture
means:

(a) To manufacture, produce, program, design, control the design
of, maintain a copyright over or make modifications to a gaming device,
cashless wagering system, mobile gaming system or interactive gaming system;

(b) To direct,
control or assume responsibility for the methods and processes used to design,
develop, program, assemble, produce, fabricate, compose and combine the
components and other tangible objects of any gaming
device, cashless wagering system, mobile gaming system or interactive gaming
system; or

(c) To assemble,
or control the assembly of, a gaming device,
cashless wagering system, mobile gaming system or interactive gaming system.

2. As used in
this section, assume responsibility means to acquire complete control over,
or ownership of, the applicable gaming device, cashless wagering system, mobile
gaming system or interactive gaming system.

463.013 As used in this chapter, unless the context
otherwise requires, the words and terms defined in NRS 463.0133 to 463.01967,
inclusive, and section 1 of this
act have the meanings ascribed to them in those sections.

Sec. 3. NRS 463.0155
is hereby amended to read as follows:

463.0155 Gaming device means any [equipment
or mechanical, electromechanical or electronic contrivance, component or
machine]object
used remotely or directly in connection with gaming or any game which affects
the result of a wager by determining win or loss [.]and which does not otherwise constitute
associated equipment. The term includes [:] , without limitation:

1. A slot machine.

2. A collection of two or more of the following
components:

(a) An assembled electronic circuit which cannot be
reasonably demonstrated to have any use other than in a slot machine;

(b) A cabinet with electrical wiring and provisions for
mounting a coin, token or currency acceptor and provisions for mounting a dispenser
of coins, tokens or anything of value;

(c) A storage medium containing [the source language or
executable code of a computer program that cannot be reasonably demonstrated to
have any use other than in a slot machine;

(d) An
assembled video display unit;

(e)] a control program;

(d)
An assembled mechanical or electromechanical display unit intended for use in
gambling; or

[(f)](e) An assembled mechanical or
electromechanical unit which cannot be demonstrated to have any use other than
in a slot machine.

3. Any [mechanical, electrical or other device]object which may be
connected to or used with a slot machine to alter the normal criteria of random
selection or affect the outcome of a game.

4. A system for the accounting or management of any
game in which the result of the wager is determined electronically by using any
combination of hardware or software for computers.

5. A
control program.

6. Any
combination of one of the components set forth in paragraphs (a) to [(f),](e), inclusive, of
subsection 2 and any other component which the Commission determines by
regulation to be a machine used directly or remotely in connection with gaming
or any game which affects the results of a wager by determining a win or loss.

7. Any
object that has been determined to be a gaming device pursuant to regulations
adopted by the Commission.

Κ As used in this section, control program means any software,
source language or executable code which affects the result of a wager by
determining win or loss as determined pursuant to regulations adopted by the
Commission.

Sec. 4. NRS 463.0157
is hereby amended to read as follows:

463.0157 1. Gaming employee means any person
connected directly with an operator of a slot route, the operator of a
pari-mutuel system, the operator of an inter-casino linked system or a
manufacturer, distributor or disseminator, or with the operation of a gaming
establishment licensed to conduct any game, 16 or more slot machines, a race
book, sports pool or pari-mutuel wagering, including:

(a) Accounting or internal auditing personnel who are
directly involved in any recordkeeping or the examination of records associated
with revenue from gaming;

(b) Boxmen;

(c) Cashiers;

(d) Change personnel;

(e) Counting room personnel;

(f) Dealers;

(g) Employees of a person required by NRS 464.010 to be
licensed to operate an off-track pari-mutuel system;

(h) Employees of a person required by NRS 463.430 to be
licensed to disseminate information concerning racing [;]and employees of an affiliate of such a
person involved in assisting the person in carrying out the duties of the
person in this State;

(j) Employees of operators of slot routes who have keys
for slot machines or who accept and transport revenue from the slot drop;

(k) Employees of operators of inter-casino linked
systems, mobile gaming systems or interactive gaming systems whose duties
include the operational or supervisory control of the systems or the games that
are part of the systems;

(l) Employees
of operators of call centers who perform, or who supervise the performance of,
the function of receiving and transmitting wagering instructions;

(m) Employees
[whose responsibilities include performing the duties relating
to the process of registration]who have access to the Boards system of records for the
purpose of processing the registrations of gaming employees that
a licensee is required to perform pursuant to the provisions of this chapter
and any regulations adopted pursuant thereto;

[(m)](n)Floormen;

[(n)](o) Hosts or other persons empowered to extend
credit or complimentary services;

[(o)](p) Keno runners;

[(p)](q) Keno writers;

[(q)](r) Machine mechanics;

[(r)](s) Odds makers and line setters;

[(s)](t) Security personnel;

[(t)](u) Shift or pit bosses;

[(u)](v) Shills;

[(v)](w) Supervisors or managers;

[(w)](x) Ticket writers; [and

(x)](y) Employees of a
person required by NRS 463.160 to be licensed to operate an information service
[.] ; and

(z) Temporary
or contract employees hired by a licensee to perform a function related to
gaming.

2. Gaming employee does not include barbacks,
bartenders, cocktail waitresses or other persons engaged exclusively in
preparing or serving food or beverages.

2.Designs,
assumes responsibility for the design of, controls the design or assembly of,
or maintains a copyright over the design of, a mechanism, electronic circuit or
computer program which cannot be reasonably demonstrated to have any
application other than in a gaming device, cashless wagering system, mobile
gaming system or interactive gaming system for use or play in this State or for
distribution outside of this State.] operates, carries on, conducts or maintains any form of
manufacture.

Sec. 6. NRS 463.100
is hereby amended to read as follows:

463.100 1. The Board shall keep its main office at
Carson City, Nevada, in conjunction with the Commission in rooms provided by
the Buildings and Grounds Division of the Department of Administration.

2. The Board may, in its discretion, maintain a branch
office in Las Vegas, Nevada, or at any other place in this [state, in space to be
provided by the Buildings and Grounds Division.] State as the Chairman of the Board
deems necessary for the efficient operation of the Board. The Chairman of the
Board may enter into such leases or other agreements as may be necessary to
establish a branch office.

Sec. 7. NRS 463.120
is hereby amended to read as follows:

463.120 1. The Board and the Commission shall cause
to be made and kept a record of all proceedings at regular and special meetings
of the Board and the Commission. These records are open to public inspection.

2. The Board shall maintain a file of all applications
for licenses under this chapter and chapter 466 of NRS, together with a record
of all action taken with respect to those applications. The file and record are
open to public inspection.

3. The Board and the Commission may maintain such
other files and records as they may deem desirable.

4. Except as otherwise provided in this [subsection
and subsection 5,]section, all information and data:

(a) Required by the Board or Commission to be furnished
to it under [this chapter]chapters 462 to 466, inclusive, of NRS or any regulations
adopted pursuant thereto or which may be otherwise obtained
relative to the finances, earnings or revenue of any applicant or licensee;

(b) Pertaining to an applicants or natural persons criminal record,
antecedents and background which have been furnished to or obtained by the
Board or Commission from any source;

(c) Provided to the members, agents or employees of the
Board or Commission by a governmental agency or an informer or on the assurance
that the information will be held in confidence and treated as confidential;

(d) Obtained by the Board from a manufacturer,
distributor or operator, or from an operator of an inter-casino linked system,
relating to the manufacturing of gaming devices or the operation of an
inter-casino linked system; or

(e) Prepared or obtained by an agent or employee of the
Board or Commission [relating to an application for a license, a finding of
suitability or any approval that is required] pursuant to [the
provisions of this chapter,]an audit, investigation, determination or hearing,

Κ are
confidential and may be revealed in whole or in part only in the course of the
necessary administration of this chapter or upon the lawful order of a court of
competent jurisdiction. The Board and Commission may reveal such information
and data to an authorized agent of any agency of the United States Government,
any state or any political subdivision of a state or the government of any
foreign country. Notwithstanding any other provision of state law, such
information may not be otherwise revealed without specific authorization by the
Board or Commission.

5. Notwithstanding
any other provision of state law, any and all information and data prepared or
obtained by an agent or employee of the Board or Commission relating to an
application for a license, a finding of suitability or any approval that is
required pursuant to the provisions of chapters 462 to 466, inclusive, or any
regulations adopted pursuant thereto, are confidential and absolutely
privileged and may be revealed in whole or in part only in the course of the
necessary administration of such provisions and with specific authorization and
waiver of the privilege by the Board or Commission. The Board and Commission
may reveal such information and data to an authorized agent of any agency of
the United States Government, any state or any political subdivision of a state
or the government of any foreign country.

6. Before
the beginning of each legislative session, the Board shall submit to the
Legislative Commission for its review and for the use of the Legislature a
report on the gross revenue, net revenue and average depreciation of all
licensees, categorized by class of licensee and geographical area and the
assessed valuation of the property of all licensees, by category, as listed on
the assessment rolls.

[6.]7. Notice of the content of any information
or data furnished or released pursuant to subsection 4 may be given to any
applicant or licensee in a manner prescribed by regulations adopted by the
Commission.

[7.]8. The files, records and reports of the
Board are open at all times to inspection by the Commission and its authorized
agents.

[8.]9. All files, records, reports and other
information pertaining to gaming matters in the possession of the Nevada Tax
Commission must be made available to the Board and the Nevada Gaming Commission
as is necessary to the administration of this chapter.

[9.]10. The Nevada Gaming Commission, by the
affirmative vote of a majority of its members, may remove from its records the
name of a debtor and the amount of tax, penalty and interest, or any of them,
owed by him, if after 5 years it remains impossible or impracticable to collect
such amounts. The Commission shall establish a master file containing the
information removed from its official records by this section.

Sec. 8. NRS 463.125
is hereby amended to read as follows:

463.125 1. The Commission may [, for the purpose of
obtaining an exemption from the requirements of the Department of Treasury on
reporting and keeping of records by casinos,] require
nonrestricted licensees with an annual gross revenue of $1,000,000 or more to
report and keep records of all transactions involving cash.

2. A gaming licensee, or a director, officer,
employee, affiliate or agent of the gaming licensee, who makes a disclosure to
the Commission, the Board or any other law enforcement agency of a possible
violation or circumvention of law or regulation regarding a transaction
involving cash has absolute immunity from civil liability
for that disclosure or for the failure to notify a person involved in the
transaction or any other person of that disclosure.

has absolute immunity from civil liability for that
disclosure or for the failure to notify a person involved in the transaction or
any other person of that disclosure.

3. The absolute privilege set forth in NRS 463.3407
also applies to the copy of a report of a suspicious transaction filed with the
Board as required by regulations adopted pursuant to subsection 1.

Sec. 9. NRS 463.162
is hereby amended to read as follows:

463.162 1. Except as otherwise provided in
subsections 2 and 3, it is unlawful for any person to:

(a) Lend, let, lease or otherwise deliver or furnish
any equipment of any gambling game, including any slot machine, for any
interest, percentage or share of the money or property played, under guise of
any agreement whatever, without having first procured a state gaming license.

(b) Lend, let, lease or otherwise deliver or furnish,
except by a bona fide sale or capital lease, any slot machine under guise of
any agreement whereby any consideration is paid or is payable for the right to
possess or use that slot machine, whether the consideration is measured by a
percentage of the revenue derived from the machine or by a fixed fee or
otherwise, without having first procured a state gaming license for the slot
machine.

(c) Furnish services or property, real or personal, on
the basis of a contract, lease or license, pursuant to which that person
receives payments based on earnings or profits from any gambling game,
including any slot machine, without having first procured a state gaming
license.

2. The provisions of subsection 1 do not apply to any
person:

(a) Whose payments are a fixed sum determined in
advance on a bona fide basis for the furnishing of services or property other
than a slot machine.

(b) Who furnishes services or property under a bona
fide rental agreement or security agreement for gaming equipment.

(c) That is a wholly owned subsidiary of:

(1) A corporation, limited partnership or
limited-liability company holding a state gaming license; or

(2) A holding company or intermediary company, or
publicly traded corporation, that has registered pursuant to NRS 463.585 or 463.635
and which has fully complied with the laws applicable to it.

(d) Who is licensed as a distributor and who rents or
leases any equipment of any gambling game , including any slot machine, under a
bona fide agreement where the payments are a fixed sum determined in advance
and not determined as a percentage of the revenue derived from the equipment or
slot machine.

(e) Who is found suitable by the Commission to act as
an independent agent.

Κ Receipts or
rentals or charges for real property, personal property or services do not lose
their character as payments of a fixed sum or as bona fide because of
provisions in a contract, lease or license for adjustments in charges, rentals
or fees on account of changes in taxes or assessments, escalations in the cost-of-living
index, expansions or improvement of facilities, or changes in services
supplied. Receipts of rentals or charges based on percentage between a
corporate licensee or a licensee who is a limited partnership or
limited-liability company and the entities enumerated in paragraph (c) are
permitted under this subsection.

3. The Commission may, upon the issuance of its
approval or a finding of suitability, exempt a holding company from the
licensing requirements of subsection 1.

4. The Board may require any person exempted by the
provisions of subsection 2 or paragraph (b) of subsection 1 to provide such
information as it may require to perform its investigative duties.

5. The Board and the Commission may require a finding
of suitability or the licensing of any person who:

(a) Owns any interest in the premises of a licensed
establishment or owns any interest in real property used by a licensed
establishment whether he leases the property directly to the licensee or
through an intermediary.

(b) Repairs, rebuilds or modifies any gaming device.

(c) Manufactures or distributes chips or gaming tokens
for use in this State.

(d) Operates
a call center within this State as an agent of a licensed race book or sports
pool in this State in accordance with the regulations adopted by the
Commission.

(e) Has
invented, has developed or owns the intellectual property rights to a game for
which approval by the Commission is being sought or has been received in
accordance with the regulations adopted by the Commission.

6. If the Commission finds a person described in
subsection 5 unsuitable, a licensee shall not enter into any contract or
agreement with that person without the prior approval of the Commission. Any
other agreement between the licensee and that person must be terminated upon
receipt of notice of the action by the Commission. Any agreement between a
licensee and a person described in subsection 5 shall be deemed to include a
provision for its termination without liability on the part of the licensee
upon a finding by the Commission that the person is unsuitable. Failure
expressly to include that condition in the agreement is not a defense in any
action brought pursuant to this section to terminate the agreement. If the
application is not presented to the Board within 30 days after demand, the
Commission may pursue any remedy or combination of remedies provided in this
chapter.

Sec. 10. NRS 463.170
is hereby amended to read as follows:

463.170 1. Any person who the Commission determines
is qualified to receive a license, to be found suitable or to receive any
approval required under the provisions of this chapter, or to be found suitable
regarding the operation of a charitable lottery under the provisions of chapter
462 of NRS, having due consideration for the proper protection of the health,
safety, morals, good order and general welfare of the inhabitants of the State
of Nevada and the declared policy of this State, may be issued a state gaming
license, be found suitable or receive any approval required by this chapter, as
appropriate. The burden of proving his qualification to receive any license, be
found suitable or receive any approval required by this chapter is on the
applicant.

2. An application to receive a license or be found
suitable must not be granted unless the Commission is satisfied that the
applicant is:

(a) A person of good character, honesty and integrity;

(b) A person whose prior activities, criminal record,
if any, reputation, habits and associations do not pose a threat to the public
interest of this State or to the effective regulation and control of gaming or
charitable lotteries, or create or enhance the dangers of unsuitable, unfair or
illegal practices, methods and activities in the conduct
of gaming or charitable lotteries or in the carrying on of the business and
financial arrangements incidental thereto; and

methods and activities in the conduct of gaming or charitable
lotteries or in the carrying on of the business and financial arrangements
incidental thereto; and

(c) In all other respects qualified to be licensed or
found suitable consistently with the declared policy of the State.

3. A license to operate a gaming establishment or an
inter-casino linked system must not be granted unless the applicant has
satisfied the Commission that:

(a) The applicant has adequate business probity,
competence and experience, in gaming or generally; and

(b) The proposed financing of the entire operation is:

(1) Adequate for the nature of the proposed
operation; and

(2) From a suitable source.

Κ Any lender
or other source of money or credit which the Commission finds does not meet the
standards set forth in subsection 2 may be deemed unsuitable.

4. An application to receive a license or be found
suitable constitutes a request for a determination of the applicants general
character, integrity, and ability to participate or engage in, or be associated
with gaming or the operation of a charitable lottery, as appropriate. Any
written or oral statement made in the course of an official proceeding of the
Board or Commission by any member thereof or any witness testifying under oath
which is relevant to the purpose of the proceeding is absolutely privileged and
does not impose liability for defamation or constitute a ground for recovery in
any civil action.

5. The Commission may in its discretion grant a
license to:

(a) A publicly traded corporation which has complied
with the provisions of NRS 463.625 to 463.643, inclusive;

(b) Any other corporation which has complied with the
provisions of NRS 463.490 to 463.530, inclusive;

(c) A limited partnership which has complied with the
provisions of NRS 463.564 to 463.571, inclusive; and

(d) A limited-liability company which has complied with
the provisions of NRS 463.5731 to 463.5737, inclusive.

6. No limited partnership, except one whose sole
limited partner is a publicly traded corporation which has registered with the
Commission, or a limited-liability company, or business trust or organization
or other association of a quasi-corporate character is eligible to receive or
hold any license under this chapter unless all persons having any direct or
indirect interest therein of any nature whatever, whether financial,
administrative, policymaking or supervisory, are individually qualified to be
licensed under the provisions of this chapter.

7. The Commission may, by regulation:

(a) Limit the number of persons who may be financially
interested and the nature of their interest in any corporation, other than a
publicly traded corporation, limited partnership, limited-liability company or
other organization or association licensed under this chapter; and

(b) Establish such other qualifications for licenses as
it may, in its discretion, deem to be in the public interest and consistent
with the declared policy of the State.

8. Any
person granted a license or found suitable by the Commission shall continue to
meet the applicable standards and qualifications set forth in this section and any other qualifications established by the
Commission by regulation.

in this section
and any other qualifications established by the Commission by regulation. The
failure to continue to meet such standards and qualifications constitutes
grounds for disciplinary action.

Sec. 11. NRS 463.335
is hereby amended to read as follows:

463.335 1. The Legislature finds that, to protect and
promote the health, safety, morals, good order and general welfare of the
inhabitants of the State of Nevada and to carry out the policy declared in NRS
463.0129, it is necessary that the Board:

(a) Ascertain and keep itself informed of the identity,
prior activities and present location of all gaming employees in the State of
Nevada; and

(b) Maintain confidential records of such information.

2. A person may not be employed as a gaming employee
unless he is temporarily registered or registered as a gaming employee pursuant
to this section. An applicant for registration or renewal of registration as a
gaming employee must file an application for registration or renewal of
registration with the Board. Whenever a registered gaming employee, whose
registration has not expired, has not been objected to by the Board, or has not
been suspended or revoked becomes employed as a gaming employee at another or
additional gaming establishment, he must file a change of employment notice
within 10 calendar
days with the Board. The application for registration and change of employment
notice must be filed through the licensee for whom the applicant will commence
or continue working as a gaming employee, unless otherwise filed with the Board
as prescribed by regulation of the Commission.

3. The Board shall prescribe the forms for the
application for registration as a gaming employee and the change of employment
notice.

4. A complete application for registration or renewal
of registration as a gaming employee or a change of employment notice received
by a licensee must be mailed or delivered to the Board within 5 business days
after receipt unless the date is administratively extended by the Chairman of
the Board for good cause. A licensee is not responsible for the accuracy or
completeness of any application for registration or renewal of registration as
a gaming employee or any change of employment notice.

5. The Board shall immediately conduct an
investigation of each person who files an application for registration or
renewal of registration as a gaming employee to determine whether he is
eligible for registration as a gaming employee. In conducting the
investigation, two complete sets of the applicants fingerprints must be
submitted to the Central Repository for Nevada Records of Criminal History for:

(a) A report concerning the criminal history of the
applicant; and

(b) Submission to the Federal Bureau of Investigation
for a report concerning the criminal history of the applicant.

Κ The
investigation need not be limited solely to consideration of the results of the
report concerning the criminal history of the applicant. The fee for processing
an application for registration or renewal of registration as a gaming employee
may be charged only to cover the actual investigative and administrative costs
related to processing the application and the fees charged by the Central
Repository for Nevada Records of Criminal History and the Federal Bureau of
Investigation to process the fingerprints of an applicant pursuant to this
subsection.

6. Upon receipt of a change of employment notice, the
Board may conduct any investigations of the gaming employee that the Board
deems appropriate to determine whether the gaming
employee may remain registered as a gaming employee.

appropriate to determine whether the gaming employee may
remain registered as a gaming employee. The fee charged by the Board to process a change of
employment notice may cover only the actual investigative and administrative
costs related to processing the change of employment notice. The
filing of a change of employment notice constitutes an application for
registration as a gaming employee, and if the Board, after conducting its
investigation, suspends or objects to the continued registration of the gaming
employee, the provisions of subsections 10 to 16, inclusive, apply to such
suspension by or objection of the Board. [No fee may be charged by
the Board to cover the actual investigative and administrative costs related to
processing a change of employment notice.]

7. Except as otherwise prescribed by regulation of the
Commission, an applicant for registration or renewal of registration as a gaming
employee is deemed temporarily registered as a gaming employee as of the date a
complete application for registration or renewal of registration is submitted
to the licensee for which he will commence or continue working as a gaming
employee. Unless objected to by the Board or suspended or revoked, the initial
registration of an applicant as a gaming employee expires 5 years after the
date employment commences with the applicable licensee. Any subsequent renewal
of registration as a gaming employee, unless objected to by the Board or
suspended or revoked, expires 5 years after the expiration date of the most
recent registration or renewal of registration of the gaming employee.

8. If, within 120 days after receipt by the Board of a
complete application for registration or renewal of registration as a gaming
employee, including classifiable fingerprints, or a change of employment
notice, the Board has not notified the applicable licensee of any suspension or
objection, the applicant shall be deemed to be registered as a gaming employee.
A complete application for registration or renewal of registration as a gaming
employee is composed of:

(a) The fully completed form for application for
registration as a gaming employee prescribed in subsection 3;

(b) Two complete sets of the fingerprints of the
applicant, unless directly forwarded electronically or by another means to the
Central Repository for Nevada Records of Criminal History;

(c) The fee for processing the application for
registration or renewal of registration as a gaming employee prescribed by the
Board pursuant to subsection 5, unless otherwise prescribed by regulation of
the Commission; and

(d) A completed statement as prescribed in subsections
1 and 2 of NRS 463.3351.

Κ If the Board
determines after receiving an application for registration or renewal of
registration as a gaming employee that the application is incomplete, the Board
may suspend the temporary registration as a gaming employee of the applicant
who filed the incomplete application. An applicant whose temporary registration
is suspended shall not be eligible to work as a gaming employee until such time
as he files a complete application.

9. A person who is temporarily registered or
registered as a gaming employee is eligible for employment in any licensed
gaming establishment in this State until such registration is objected to by
the Board, expires or is suspended or revoked. The Commission shall adopt
regulations to:

(a) Establish uniform procedures for the registration
of gaming employees;

(b) Establish uniform criteria for objection by the
Board of an application for registration; and

(c) Provide for the creation and maintenance of a
system of records that contain information regarding the current place of
employment of each person who is registered as a gaming employee and each
person whose registration as a gaming employee has expired, was objected to by
the Board, or was suspended or revoked. The system of records must be
accessible by:

(1) Licensees for the limited purpose of
complying with subsection 2; and

(2) The Central Repository for Nevada Records of
Criminal History for the limited purpose of complying with NRS 179D.570.

10. If the Board, within the 120-day period prescribed
in subsection 8, notifies:

(a) The applicable licensee; and

(b) The applicant,

Κ that the
Board suspends or objects to the temporary registration of an applicant as a
gaming employee, the licensee shall immediately terminate the applicant from
employment or reassign him to a position that does not require registration as
a gaming employee. The notice of suspension or objection by the Board which is
sent to the applicant must include a statement of the facts upon which the
Board relied in making its suspension or objection.

11. Any person whose application for registration or
renewal of registration as a gaming employee has been suspended or objected to
by the Board may, not later than 60 days after receiving notice of the
suspension or objection, apply to the Board for a hearing. A failure of a
person whose application has been objected to or suspended to apply for a
hearing within 60 days or his failure to appear at a hearing of the Board
conducted pursuant to this section shall be deemed to be an admission that the
suspension or objection is well-founded, and the failure precludes
administrative or judicial review. At the hearing, the Board shall take any
testimony deemed necessary. After the hearing, the Board shall review the
testimony taken and any other evidence [,]
and shall, within 45 days after the date of the hearing, mail to the applicant
its decision sustaining or reversing the suspension or the objection to the
registration of the applicant as a gaming employee.

12. The Board may suspend or object to the
registration of an applicant as a gaming employee for any cause deemed
reasonable by the Board. The Board may object to or suspend the registration if
the applicant has:

(a) Failed to disclose or misstated information or
otherwise attempted to mislead the Board with respect to any material fact
contained in the application for registration as a gaming employee;

(b) Knowingly failed to comply with the provisions of
this chapter or chapter 463B, 464 or 465 of NRS or the regulations of the
Commission at a place of previous employment;

(c) Committed, attempted or conspired to commit any
crime of moral turpitude, embezzlement or larceny or any violation of any law
pertaining to gaming, or any crime which is inimical to the declared policy of
this State concerning gaming;

(d) Committed, attempted or conspired to commit a crime
which is a felony or gross misdemeanor in this State or an offense in another
state or jurisdiction which would be a felony or gross
misdemeanor if committed in this State and which relates to the applicants
suitability or qualifications to work as a gaming employee;

jurisdiction which would be a felony or gross misdemeanor if
committed in this State and which relates to the applicants suitability or
qualifications to work as a gaming employee;

(e) Been identified in the published reports of any
federal or state legislative or executive body as being a member or associate
of organized crime, or as being of notorious and unsavory reputation;

(f) Been placed and remains in the constructive custody
of any federal, state or municipal law enforcement authority; or

(g) Had registration as a gaming employee revoked or
committed any act which is a ground for the revocation of registration as a
gaming employee or would have been a ground for revoking registration as a
gaming employee if the applicant had then been registered as a gaming employee.

Κ If the Board
registers or does not suspend or object to the registration of an applicant as
a gaming employee, it may specially limit the period for which the registration
is valid, limit the job classifications for which the registered gaming
employee may be employed and establish such individual conditions for the
renewal and effectiveness of the registration as the Board deems appropriate,
including required submission to unscheduled tests for the presence of alcohol
or controlled substances. If a gaming employee fails to comply with any
limitation or condition placed on the effectiveness of his registration as a
gaming employee, notwithstanding any other provision of this section, the Board
may object to his registration. If the Board objects to his registration, the
provisions regarding the continued effectiveness of the registration and the
review of the objection set forth in subsections 10 to 16, inclusive, apply,
including, without limitation, the requirement to notify the applicable
licensee about the objection.

13. Any applicant aggrieved by the decision of the
Board may, within 15 days after the announcement of the decision, apply in
writing to the Commission for review of the decision. Review is limited to the
record of the proceedings before the Board. The Commission may sustain, modify
or reverse the Boards decision. The decision of the Commission is subject to
judicial review pursuant to NRS 463.315 to 463.318, inclusive.

14. The Chairman of the Board may designate a member
of the Board or the Board may appoint a hearing examiner and authorize that
person to perform on behalf of the Board any of the following functions
required of the Board by this section concerning the registration or renewal of
registration of gaming employees:

(a) Conducting a hearing and taking testimony;

(b) Reviewing the testimony and evidence presented at
the hearing;

(c) Making a recommendation to the Board based upon the
testimony and evidence or rendering a decision on behalf of the Board to
sustain or reverse the suspension of or the objection to the registration of an
applicant as a gaming employee; and

(d) Notifying the applicant of the decision.

15. Notice by the Board as provided pursuant to
subsections 1 to 14, inclusive, is sufficient if it is mailed to the
applicants last known address as indicated on the application for registration
as a gaming employee or the record of the hearing, as the case may be. The date
of mailing may be proven by a certificate signed by an officer or employee of
the Board which specifies the time the notice was mailed. The notice shall be
deemed to have been received by the applicant 5 days after it is deposited with
the United States Postal Service with the postage thereon prepaid.

16. Except as otherwise provided in this subsection,
all records acquired or compiled by the Board or Commission relating to any
application made pursuant to this section, all lists of persons registered as
gaming employees, all lists of persons suspended or objected to by the Board
and all records of the names or identity of persons engaged in the gaming
industry in this State are confidential and must not be disclosed except in the
proper administration of this chapter or to an authorized law enforcement
agency. Upon receipt of a request from the Division of Welfare and Supportive
Services of the Department of Health and Human Services pursuant to NRS 425.400
for information relating to a specific person who has applied for registration
as a gaming employee or is registered as a gaming employee, the Board shall disclose
to the Division his social security number, residential address and current
employer as that information is listed in the files and records of the Board.
Any record of the Board or Commission which shows that the applicant has been
convicted of a crime in another state must show whether the crime was a
misdemeanor, gross misdemeanor, felony or other class of crime as classified by
the state in which the crime was committed. In a disclosure of the conviction,
reference to the classification of the crime must be based on the
classification in the state where it was committed.

17. If the Central Repository for Nevada Records of
Criminal History, in accordance with the provisions of NRS 179D.570, provides
the Board with the name and other identifying information of a registered
gaming employee who is not in compliance with the provisions of chapter 179D of
NRS, the Board shall notify the person that, unless he provides the Board with
verifiable documentation confirming that he is currently in compliance with the
provisions of chapter 179D of NRS within 15 days after receipt of such notice,
the Board shall, notwithstanding any other provisions of this section, conduct
a hearing for the purpose of determining whether the registration of the person
as a gaming employee must be suspended for noncompliance with the provisions of
chapter 179D of NRS.

18. Notwithstanding any other provisions of this
section, if a person notified by the Board pursuant to subsection 17 does not
provide the Board, within the 15 days prescribed therein, with verifiable
documentation establishing that he is currently in compliance with the
provisions of chapter 179D of NRS, the Chairman of the Board shall, within 10
days thereof, appoint a hearing examiner to conduct a hearing to determine
whether the person is, in fact, not in compliance with the provisions of
chapter 179D of NRS. The hearing examiner shall, within 5 days after the date
he is appointed by the Chairman, notify the person of the date of the hearing.
The hearing must be held within 20 days after the date on which the hearing
examiner is appointed by the Chairman, unless administratively extended by the
Chairman for good cause. At the hearing, the hearing examiner may take any
testimony deemed necessary and shall render a decision sustaining or reversing
the findings of the Central Repository for Nevada Records of Criminal History.
The hearing examiner shall notify the person of his decision within 5 days
after the date on which the decision is rendered. A failure of a person to
appear at a hearing conducted pursuant to this section shall be deemed to be an
admission that the findings of the hearing examiner are well-founded.

19. If, after conducting the hearing prescribed in
subsection 18, the hearing examiner renders a decision that the person who is
the subject of the hearing:

(a) Is not in compliance with the provisions of chapter
179D of NRS, the Board shall, notwithstanding any other provisions of this
section:

(1) Suspend the registration of the person as a
gaming employee;

(2) Notify the person to contact the Central
Repository for Nevada Records of Criminal History to determine the actions that
he must take to be in compliance with the provisions of chapter 179D of NRS;
and

(3) Notify the licensee for which the person is
employed as a gaming employee, in the manner prescribed in subsection 20, that
the Board has suspended the registration of the person as a gaming employee and
that the licensee must immediately terminate the person from employment or
reassign him to a position that does not require registration as a gaming
employee.

(b) Is in compliance with the provisions of chapter
179D of NRS, the Board shall notify the person and the Central Repository for
Nevada Records of Criminal History, in the manner prescribed in subsection 20,
of the findings of the hearing examiner.

20. Notice as provided pursuant to subsections 17, 18
and 19 is sufficient if it is mailed to the persons last known address as
indicated on the most recent application for registration as a gaming employee
or the record of the hearing, or to the person at his place of gaming
employment. The date of mailing may be proven by a certificate signed by an
officer or employee of the Board which specifies the time the notice was
mailed. The notice shall be deemed to have been received by the applicant 5
days after it is deposited with the United States Postal Service with the
postage thereon prepaid.

21. The Board shall remove a suspension entered in
accordance with subsection 19 and reinstate the registration of a person as a
gaming employee upon receipt of verifiable documentation confirming that the
person is currently in compliance with the provisions of chapter 179D of NRS.

Sec. 12. NRS 463.362
is hereby amended to read as follows:

463.362 1. Whenever a patron and a licensee, or any
person acting on behalf of or in conjunction with a licensee, have any dispute
which cannot be resolved to the satisfaction of the patron and which involves:

(a) Alleged winnings, alleged losses or the award or
distribution of cash, prizes, benefits, tickets or any other item or items in a
game, tournament, contest, drawing, promotion or similar activity or event; or

(b) The manner in which a game, tournament, contest,
drawing, promotion or similar activity or event is conducted,

Κ the licensee
is responsible for notifying the Board or patron in accordance with the provisions
of subsection 2, regardless of whether the licensee is directly or indirectly
involved in the dispute.

2. Whenever a dispute described in subsection 1
involves:

(a) At least $500, the licensee shall immediately
notify the Board; or

(b) Less than $500, the licensee shall notify the
patron of his right to request that the Board conduct an investigation.

3. Upon being notified of a dispute, the Board,
through an agent, shall conduct whatever investigation it deems necessary and
shall determine whether payment should be made. The agent of the Board shall
mail written notice to the Board, the licensee and the patron of his decision
resolving the dispute within [30]45 days after the date the Board first
receives notification from the licensee or a request to conduct an
investigation from the patron.

The failure of the agent to mail notice of his decision
within the time required by this subsection does not divest the Board of its
exclusive jurisdiction over the dispute.

4. Failure of the licensee to notify the Board or
patron as provided in subsection 2 is grounds for disciplinary action pursuant
to NRS 463.310 to 463.3145, inclusive.

5. The decision of the agent of the Board is effective
on the date the aggrieved party receives notice of the decision. Notice of the
decision shall be deemed sufficient if it is mailed to the last known address
of the licensee and patron. The date of mailing may be proven by a certificate
signed by an officer or employee of the Board which specifies the time the
notice was mailed. The notice shall be deemed to have been received by the
licensee or the patron 5 days after it is deposited with the United States
Postal Service with the postage thereon prepaid.

Sec. 13. NRS 463.422
is hereby amended to read as follows:

463.422 1. A disseminator who wishes to submit a
proposal for the exclusive right to disseminate a live broadcast for a racing
meet to users must give written notice to the Board [not earlier than 180 days
nor later than 100 days before the racing meet begins. The Board may provide
for a shorter period of notice.

2. Within
20 days after it]in accordance with the requirements established in the
regulations adopted by the Commission.

2. After
the Board receives such a notice, the Board shall [give
written notice to]notify the disseminator indicating when a
written proposal must be submitted. If the Board reviews the submitted
proposals and determines that a hearing is necessary, the Board shall [give
written notice to]notify each disseminator and user indicating
that the Board intends to conduct a hearing to determine which disseminator
will receive the exclusive right to disseminate a live broadcast for a racing
meet to users.

3. If the Board reviews the submitted proposals and
determines that the selection of a disseminator may be made without a hearing,
it shall [give written notice of its determination and selection to]notify each
disseminator and [shall post such a notice in a conspicuous place in each of
its offices in Las Vegas and Carson City for inspection by members of]
the public [.] of its determination.

4. All [notices given]notifications provided by the Board pursuant
to this section must [contain] :

(a) Contain
all information ; and

(b) Conform
with all requirements relating to the manner, timing and form for such
notifications,

Κ that the
Commission, with the advice and assistance of the Board, may prescribe by
regulation.

Sec. 14. NRS 463.423
is hereby amended to read as follows:

463.423 1. Whenever the Board decides to conduct a
hearing to determine which disseminator will receive the exclusive right to
disseminate a live broadcast for a racing meet to users, the Board shall
appoint a hearing panel, consisting of three members, to conduct the hearing.
The Commission, with the advice and assistance of the Board, shall prescribe by
regulation the qualifications of those members.

2. The members of the panel are entitled to receive
the necessary expenses incurred in carrying out their duties as prescribed by
the Board.

[The expenses must be paid from the account for the operation
of hearing panels.]

3. The Board may enter into agreements necessary to
provide for the services of the members of the hearing panels appointed
pursuant to this section.

4. The Board shall provide from its staff such
additional personnel as it deems necessary to carry out the provisions of this
section.

Sec. 15. NRS 463.426
is hereby amended to read as follows:

463.426 The Board may:

1. Authorize a disseminator to enter into an agreement
with a track to disseminate to users a live broadcast which is received from
the track.

2. Establish fees to be paid by a [user]disseminator of a
live broadcast in an amount which is equal to the cost of carrying out the
provisions of NRS 463.421 to 463.427, inclusive.

[3. The Board shall deposit the fees with the State Treasurer
for credit to the Account for the Operation of Hearing Panels. Any interest
earned on money in the Account must be credited to that Account.]

Sec. 16. NRS 463.445 is
hereby amended to read as follows:

463.445 1. Except as otherwise provided in subsection
3, the Commission [shall]may fix, regulate and control the rates to be
charged by any disseminator of information concerning racing held at a track
which uses the pari-mutuel system of wagering, but the rates must be just and
reasonable.

2. The Commission may require any licensee who
subscribes to a disseminators service to report financial information relating
to wagering and amounts won on each track or event, and may publish this
information to ensure that the rates are just and reasonable.

3. The provisions of subsection 1 do not apply to the
rates to be charged for the dissemination of live broadcasts.

Sec. 17. NRS 463.563
is hereby amended to read as follows:

463.563 1. The policy of the State of Nevada with
respect to the issuance of state gaming licenses to limited partnerships is:

(a) To broaden the opportunity for investment in gaming
through the pooling of capital in limited partnership form.

(b) To maintain effective control over the conduct of
gaming by limited partnership licensees.

(c) To restrain any speculative promotion of limited
partnership interests in gaming enterprises.

2. To the
extent practicable, the provisions of this chapter that apply to a limited
partnership shall be deemed to apply to a registered limited-liability
partnership as defined in NRS 87.020 or 87.4311 or a foreign registered
limited-liability partnership.

3. The
Commission may waive, either selectively or by general regulation, one or more
of the requirements of NRS 463.564 to 463.572, inclusive, if it makes a written
finding that a waiver is consistent with the state policy set forth in NRS
463.0129 and this section.

Sec. 18. (Deleted by amendment.)

Sec. 18.5. NRS 463.650
is hereby amended to read as follows:

463.650 1. Except as otherwise provided in
subsections 2 to 5, inclusive, it is unlawful for any person, either as owner,
lessee or employee, whether for hire or not, to operate, carry on, conduct or
maintain any form of manufacture, selling or distribution of any gaming device,
cashless wagering system, mobile gaming system or
interactive gaming system for use or play in Nevada or for distribution outside
of Nevada without first procuring and maintaining all required federal, state,
county and municipal licenses.

system, mobile gaming system or interactive gaming system for
use or play in Nevada or for distribution outside of Nevada without first
procuring and maintaining all required federal, state, county and municipal
licenses.

2. A lessor who specifically acquires equipment for a
capital lease is not required to be licensed under this section or NRS 463.660.

3. The holder of a state gaming license or the holding
company of a corporation, partnership, limited partnership, limited-liability
company or other business organization holding a license may, within 2 years
after cessation of business or upon specific approval by the Board, dispose of
by sale in a manner approved by the Board, any or all of its gaming devices,
including slot machines, mobile gaming systems and cashless wagering systems,
without a distributors license. In cases of bankruptcy of a state gaming
licensee or foreclosure of a lien by a bank or other person holding a security
interest for which gaming devices are security in whole or in part for the
lien, the Board may authorize the disposition of the gaming devices without
requiring a distributors license.

4. The Commission may, by regulation, authorize a
person who owns:

(a) Gaming devices for home use in accordance with NRS
463.160; or

(b) Antique gaming devices,

Κ to sell such
devices without procuring a license therefor to residents of jurisdictions
wherein ownership of such devices is legal.

5. Upon approval by the Board, a gaming device owned
by:

(a) A law enforcement agency;

(b) A court of law; or

(c) A gaming device repair school licensed by the
Commission on Postsecondary Education,

Κ may be
disposed of by sale, in a manner approved by the Board, without a distributors
license. An application for approval must be submitted to the Board in the
manner prescribed by the Chairman.

6. Any person who the Commission determines is a
suitable person to receive a license under the provisions of this section and
NRS 463.660 may be issued a manufacturers or distributors license. The burden
of proving his qualification to receive or hold a license under this section
and NRS 463.660 is at all times on the applicant or licensee.

7. Every person who must be licensed pursuant to this
section is subject to the provisions of NRS 463.482 to 463.645, inclusive,
unless exempted from those provisions by the Commission.

8. The Commission may exempt, for any purpose, a
manufacturer, seller or distributor from the provisions of NRS 463.482 to
463.645, inclusive, if the Commission determines that the exemption is
consistent with the purposes of this chapter.

9. The
Commission may provide by regulation for:

(a) The
filing by a manufacturer of reports and information regarding:

(1) Any
independent contractor; and

(2) The
business arrangements between the manufacturer and an independent contractor.

(b) Registration
of independent contractors.

(c) Procedures
pursuant to which an independent contractor may be required to file an
application for a finding of suitability.

(d) Such
other regulatory oversight of independent contractors as the Commission
determines is necessary and appropriate.

(a) Antique gaming device means a gaming device that
was manufactured before 1961.

(b) Holding company has the meaning ascribed to it in
NRS 463.485.

(c) Independent
contractor means, with respect to a manufacturer, any person who:

(1) Is
not an employee of the manufacturer; and

(2) Pursuant to an agreement with the
manufacturer, designs, develops, programs, produces or composes a control
program used in the manufacture of a gaming device. As used in this
subparagraph, control program has the meaning ascribed to it in NRS 463.0155.

Sec. 19. Chapter 148 of
NRS is hereby amended by adding thereto a new section to read as follows:

1. No interest
subject to the jurisdiction of the Nevada Gaming Control Act may be transferred
to any heir or devisee from probate until the heir or devisee has received all
approvals necessary to hold or own such an interest from the Nevada Gaming
Commission.

2. Such an
heir or devisee must seek all such necessary approvals through the filing of
all appropriate applications with the State Gaming Control Board within 1 year
after the interest becomes subject to probate or within such later period as
the Chairman of the Board determines in his sole and absolute discretion.

3. If any such
heir or devisee fails to file full and complete applications for all such
necessary approvals within 1 year after the interest becomes subject to probate
or within such later period as the Chairman of the Board determines, or if the
Commission denies any application for such necessary approvals:

(a) The court
shall immediately order that an appraisal of the interest must be conducted by
two independent appraisers, one of whom must have experience appraising gaming
assets. The costs of both appraisals must be paid by the estate.

(b) Within 30
days after receipt of both appraisals, the court shall offer and the entity in
which the interest exists shall purchase the interest for cash at fair market
value as determined by the court based upon the appraisals conducted pursuant
to paragraph (a). The Commission may deem a failure to purchase the interest as
offered to be a voluntary surrender of any gaming license, registration or
approval held by the entity in which the interest exists.

Sec. 19.5. NRS 239.0115
is hereby amended to read as follows:

239.0115 1. Except as otherwise provided in this
subsection and subsection 3, notwithstanding any provision of law that has
declared a public book or record, or a part thereof, to be confidential, if a
public book or record has been in the legal custody or control of one or more governmental
entities for at least 30 years, a person may apply to the district court of the
county in which the governmental entity that currently has legal custody or
control of the public book or record is located for an order directing that
governmental entity to allow the person to inspect or copy the public book or
record, or a part thereof. If the public book or record pertains to a natural
person, a person may not apply for an order pursuant to this subsection until
the public book or record has been in the legal custody or control of one or
more governmental entities for at least 30 years or until the death of the
person to whom the public book or record pertains, whichever is later.

2. There is a rebuttable presumption that a person who
applies for an order as described in subsection 1 is entitled to inspect or
copy the public book or record, or a part thereof, that he seeks to inspect or
copy.

3. The provisions of subsection 1 do not apply to any
book or record:

(a) Declared confidential pursuant to [subsection
4 of] NRS 463.120.

(b) Containing personal information pertaining to a
victim of crime that has been declared by law to be confidential.

Sec. 20. Any balance existing in the Account for the
Operation of Hearing Panels on June 30, 2009, must be transferred to the
Account for Racing and Pari-Mutuel Wagering created pursuant to NRS 466.080 on
July 1, 2009.

Sec. 21. 1. This section and sections 4, 6 to 12,
inclusive, and 14 to 20, inclusive, of this act become effective on July 1,
2009.

2. Sections 3 and 13 of this act become effective:

(a) Upon passage and approval, for the purpose of adopting
regulations; and

(b) On October 1, 2009, for all other purposes.

3. Sections 1, 2 and 5 of this act become effective on
October 1, 2009.

________

CHAPTER 80, SB 49

Senate Bill No.
49Committee on Commerce and Labor

CHAPTER 80

AN ACT
relating to design professions; creating a requirement for a written contract
for professional services between a client and an architect, registered
interior designer or residential designer in certain circumstances; and
providing other matters properly relating thereto.

[Approved: May 18,
2009]

Legislative Counsels Digest:

Section 1 of this bill requires that a written
contract containing certain provisions be executed between an architect,
registered interior designer or residential designer and a client before any
professional services are provided. Section 1 also allows professional
services to be provided before execution of a contract if the client agrees in
writing and allows professional services to be provided without a contract in
certain circumstances.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
623 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. Except as
otherwise provided in this section, an architect, registered interior designer
or residential designer shall execute a written contract with a client before
providing professional services to the client.

2. A contract
created pursuant to subsection 1 must contain, but is not limited to, the
following:

(a) A description
of the services to be provided to the client by the architect, registered
interior designer or residential designer;

(b) A
description of the basis for compensation and the method of payment;

(c) The name,
address and certificate number of the architect, registered interior designer
or residential designer and the name and address of the client;

(d) A description
of the procedure that the architect, registered interior designer or
residential designer and the client will use to accommodate additional
services;

(e) A statement
identifying the ownership or reuse of documents prepared by the architect,
registered interior designer or residential designer; and

(f) A
description of the procedure to be used by either party to terminate the
contract.

3. An
architect, registered interior designer or residential designer may provide
professional services to a client before the execution of a written contract
only if the client agrees in writing that a written contract is not needed
before work begins.

4. A contract
created pursuant to subsection 1 is not required for professional services
rendered by an architect, registered interior designer or residential designer:

(a) For which
the client will not pay compensation;

(b) When, after
full disclosure of the requirements of this section, the client agrees in
writing that a contract meeting the requirements of subsection 1 is not
required; or

(c) To a person
who holds a certificate of registration as a landscape architect pursuant to
chapter 623A of NRS or a person who is licensed as a professional engineer
pursuant to chapter 625 of NRS.

Sec. 2. This act becomes effective upon passage and
approval.

________

κ2009
Statutes of Nevada, Page 293κ

CHAPTER 81, AB 107

Assembly Bill No.
107Assemblyman Oceguera

CHAPTER 81

AN ACT
relating to public health; creating the Advisory Committee for the Prevention
and Treatment of Stroke and Heart Disease within the Health Division of the
Department of Health and Human Services; prescribing the duties of the
Committee; and providing other matters properly relating thereto.

[Approved: May 18,
2009]

Legislative Counsels Digest:

Sections 8 and 9 of this bill create the Advisory
Committee for the Prevention and Treatment of Stroke and Heart Disease within
the Health Division of the Department of Health and Human Services and
prescribe the duties of the Committee. Section 10 of this bill
authorizes the Health Division to enter into contracts and to apply for and
accept gifts, grants, donations and bequests to carry out the provisions of
this bill.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
439 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 10, inclusive, of this act.

Sec. 2. As
used in sections 2 to 10, inclusive, of this act, unless the context otherwise
requires, the words and terms defined in sections 3 to 7, inclusive, of this
act have the meanings ascribed to them in those sections.

Sec. 3. Committee
means the Advisory Committee for the Prevention and Treatment of Stroke and
Heart Disease created by section 8 of this act.

Sec. 4. Hospital
has the meaning ascribed to it in NRS 449.012.

Sec. 5. Primary
prevention means the treatment of risk factors for stroke, heart disease and
other vascular disease in the general population before the onset of any
symptoms.

Sec. 6. Provider
of health care has the meaning ascribed to it in NRS 629.031.

Sec. 7. Secondary
prevention means the treatment of patients who have developed symptoms of
stroke, heart disease or other vascular disease that is designed to prevent the
onset of additional symptoms and attacks of the condition.

Sec. 8. 1. The
Advisory Committee for the Prevention and Treatment of Stroke and Heart Disease
is hereby created within the Health Division.

2. The
Committee consists of the following members:

(a) A
board-certified neurologist who is licensed to practice in this State and who
is experienced in treating victims of stroke, appointed by the Administrator;

(b) A
board-certified cardiologist who is licensed to practice in this State and who
is experienced in treating victims of heart disease and heart attacks,
appointed by the Administrator;

(c) A provider
of emergency medical services, appointed by the Administrator;

(d) A
representative of the Health Division whose primary responsibilities relate to
the licensure and certification of persons who provide emergency medical
services, appointed by the Administrator;

(e) A
representative of the American Heart Association or its successor, appointed by
the Administrator;

(f) A person
with knowledge or expertise in the prevention of chronic diseases, appointed by
the Administrator;

(g) A
representative from rural Nevada, appointed by the Administrator;

(h)A
representative of hospitals in this State, appointed by the Administrator;

(i) A
representative of collectively bargained plans, self-funded plans or other
entities that pay claims under a contract for health insurance in this State,
appointed by the Administrator;

(j)A
registered nurse who is licensed to practice professional nursing in this
State, appointed by the Administrator;

(k) A
person who is a representative of a population disproportionally affected by
heart disease or stroke, appointed by the Governor;

(l) A
person who is a survivor of stroke, appointed by the Majority Leader of the
Senate;

(m) A
person who is a survivor of heart disease, appointed by the Speaker of the
Assembly; and

(n) A
representative of the Nevada System of Higher Education who has knowledge of
matters relating to public health, appointed by the Board of Regents of the
University of Nevada.

3. The
Committee shall elect a Chairman and a Vice Chairman from among its members to
initial terms expiring on June 30, 2011. After the initial election, each of
those officers holds office for a term of 1 year beginning on July 1 of each
year and may be reelected to one or more successive terms. If a vacancy occurs
in the chairmanship or vice chairmanship, the members of the Committee shall
elect a replacement for the remainder of the unexpired term.

4. After
the initial terms, each member of the Committee serves a term of 2 years
beginning on July 1. Except for a member appointed pursuant to paragraph (f) of
subsection 2, a member may be reappointed to one or more successive terms.

5. A
vacancy on the Committee must be filled for the remainder of the unexpired term
in the same manner as the original appointment.

6. The
members of the Committee serve without compensation. If sufficient money is
available, each member is entitled to receive the per diem allowance and travel
expenses provided for state officers and employees generally while attending
meetings of the Committee or otherwise engaged in the business of the
Committee.

Sec. 9.1.The Committee shall, to
the extent money is available from any source:

(a) Adopt
rules for its own governance.

(b) Meet
at least once each calendar quarter and at other times upon the call of the
Chairman.

(c) Make
recommendations to the Health Division for the establishment of a comprehensive
plan for the prevention of stroke, heart disease and other vascular disease in
this State which must:

(1) Emphasize
the development of a policy for the primary prevention and secondary prevention
of stroke;

(2) Include
recommendations to eliminate disparities in vascular health among populations
that are disproportionally affected by stroke, heart disease and other vascular
disease;

(3) Include
recommendations concerning methods of increasing public knowledge and awareness
relating to vascular health, including, without limitation, the prevention and
treatment of stroke, heart disease and other vascular disease;

(4) Include
recommendations concerning acute stroke treatment, including treatment during
the hyperacute and emergency phases of stroke;

(5) Include
recommendations concerning the rehabilitation of patients and continuous
quality improvement activities for medical facilities and providers of health
care; and

(6) Include
recommendations concerning the notification and response of emergency medical
services.

(d) On or
before May 1 of each year, submit a written report to the Health Division
summarizing the activities of the Committee and any recommendations it has
made.

(e) In
carrying out its duties, solicit suggestions and information from:

(1) Providers
of emergency medical services;

(2) Associations
of medical professionals;

(3) Hospitals;

(4) The
Health Division;

(5) The
Board of Medical Examiners and other boards responsible for issuing a license
to a provider of health care; and

(6) Other
persons with interests relating to vascular health as deemed necessary by the
Committee.

2. In
making the recommendations required by paragraph (c) of subsection 1, the
Committee shall not consider or address any issue concerning the transfer of a
patient.

3. A
majority of the members of the Committee constitutes a quorum for the
transaction of business, and a majority of a quorum present at any meeting is
sufficient for any official action taken by the Committee.

Sec. 10. 1. The Health Division may:

(a) Enter
into contracts for any service necessary to carry out the provisions of
sections 2 to 10, inclusive, of this act; and

(b) Apply
for and accept gifts, grants, donations and bequests from any source to carry
out the provisions of sections 2 to 10, inclusive, of this act.

2. Any
money collected pursuant to subsection 1 and any money appropriated to carry
out the provisions of sections 2 to 10, inclusive, of this act:

(a) Must
be deposited in the State Treasury and accounted for separately in the State
General Fund; and

(b) Except
as otherwise provided by the terms of a specific gift, grant, donation or
bequest, must only be expended to carry out the provisions of sections 2 to 10,
inclusive, of this act.

3. The
Administrator shall administer the account. Any interest or income earned on
the money in the account must be credited to the account.

4. Any
claims against the account must be paid as other claims against the State are
paid.

Sec. 11. On or before July 1, 2010:

1. The Administrator of the Health Division of the
Department of Health and Human Services shall appoint the following members to
the Advisory Committee for the Prevention and Treatment of Stroke and Heart
Disease created by section 8 of this act:

(a) One member each pursuant to paragraphs (a) to (f),
inclusive, of subsection 2 of section 8 of this act to initial terms commencing
on July 1, 2010, and expiring on June 30, 2011.

(b) One member each pursuant to paragraphs (g) to (j),
inclusive, of subsection 2 of section 8 of this act to initial terms commencing
on July 1, 2010, and expiring on June 30, 2012.

2. The Governor shall appoint to the Committee one member
pursuant to paragraph (k) of subsection 2 of section 8 of this act to an
initial term commencing on July 1, 2010, and expiring on June 30, 2012.

3. The Majority Leader of the Senate shall appoint to the
Committee one member pursuant to paragraph (l) of subsection 2 of section 8 of
this act to an initial term commencing on July 1, 2010, and expiring on June
30, 2012.

4. The Speaker of the Assembly shall appoint one member to
the Committee pursuant to paragraph (m) of subsection 2 of section 8 of this
act to an initial term commencing on July 1, 2010, and expiring on June 30,
2012.

5. The Board of Regents of the University of Nevada shall
appoint one member to the Committee pursuant to paragraph (n) of subsection 2
of section 8 of this act to an initial term commencing on July 1, 2010, and
expiring on June 30, 2012.

Sec. 12. 1. This section and section 11 of this act
become effective on October 1, 2009.

2. Sections 1 to 10, inclusive, of this act become
effective on July 1, 2010.

________

κ2009
Statutes of Nevada, Page 297κ

CHAPTER 82, SB 61

Senate Bill No.
61Committee on Taxation

CHAPTER 82

AN ACT
relating to revenue and taxation; revising provisions governing the authorized
uses of money in a school district mitigation fund; and providing other matters
properly relating thereto.

[Approved: May 18,
2009]

Legislative Counsels Digest:

Existing law provides that each county school district
that receives a portion of the money from a tax levied on the net proceeds of
minerals in the county may set aside a portion of the amount received to
establish a fund to mitigate the adverse effects resulting from a decline in
revenue received from the tax during the immediately preceding 2 years or from
the opening or closing of an extractive operation in the county. (NRS 362.170,
362.171) This bill revises provisions governing the mitigation fund by removing
the requirement that a decline from the tax on net proceeds occur during the
immediately preceding 2 years and by expanding the authorized uses of money in
the mitigation fund to include expenses resulting from a natural disaster. This
bill also expands the purposes for which school districts in counties with a
population of less than 5,000 (currently Esmeralda, Eureka, Lincoln and Storey
Counties) are authorized to use money in the mitigation fund to include
retiring outstanding debt and continuing certain instructional programs.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
362.171 is hereby amended to read as follows:

362.171 1. Each county to which money is appropriated
by subsection 1 of NRS 362.170 may set aside a percentage of that appropriation
to establish a county fund for mitigation. Money from the fund may be
appropriated by the board of county commissioners only to mitigate adverse
effects upon the county, or the school district located in the county, which result
from:

(a) A decline in the revenue received by the county
from the tax on the net proceeds of minerals during the 2 fiscal years
immediately preceding the current fiscal year; or

(b) The opening or closing of an extractive operation
from the net proceeds of which revenue has been or is reasonably expected to be
derived pursuant to this chapter.

2. Each school district to which money is apportioned
by a county pursuant to subsection 2 of NRS 362.170 may set aside a percentage
of the amount apportioned to establish a school district fund for mitigation. [Money]Except as otherwise provided in
subsection 3, money from the fund may be used by the school
district only to mitigate adverse effects upon the school district which result
from:

(a) A decline in the revenue received by the school
district from the tax on the net proceeds of minerals ; [during the 2 fiscal years
immediately preceding the current fiscal year; or]

(b) The opening or closing of an extractive operation
from the net proceeds of which revenue has been or is reasonably expected to be
derived pursuant to this chapter [.] ; or

(c) Expenses
incurred by the school district arising from a natural disaster.

3.
In addition to the authorized uses for mitigation set forth in subsection 2, a
school district in a county whose population is less than 5,000 may, as the
board of trustees of the school district determines is necessary, use the money
from the fund established pursuant to subsection 2:

(a) To retire
bonds issued by the school district or any other outstanding obligations of the
school district; and

(b) To
continue the instructional programs of the school district or the services and
activities that are necessary to support those instructional programs, which
would otherwise be reduced or eliminated if not for the provisions of this
section.

Κ Before authorizing the
expenditure of money pursuant to this subsection, the board of trustees shall
hold at least one public hearing on the matter.

Sec. 2. This act becomes effective on July 1, 2009.

________

CHAPTER 83, SB 91

Senate Bill No.
91Committee on Commerce and Labor

CHAPTER 83

AN ACT
relating to the State Board of Architecture, Interior Design and Residential
Design; revising certain names related to examinations and national
organizations; requiring that certain businesses and associations employ a
person licensed or registered by the Board; revising provisions governing civil
penalties; and providing other matters properly relating thereto.

[Approved: May 18,
2009]

Legislative Counsels Digest:

Existing law specifies the subjects which must be
included on the examination to qualify as a residential designer. Section 1
of this bill removes the subject of systems for environmental control and
replaces it with the subject of building systems and life safety. (NRS
623.190) Section 2 of this bill revises NRS 623.192 to reflect the name
change of the Council for Interior Design Accreditation. Section 3 of
this bill clarifies that all offices of businesses practicing architecture,
residential design or practicing as interior designers must employ a person
holding a certificate of registration pursuant to chapter 623 of NRS. (NRS
623.350) Section 4 of this bill revises NRS 623.365 to apply certain
penalty provisions to persons who do not hold certificates as well as to
persons who do hold certificates.

THE PEOPLE OF THE
STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY,
DO ENACT AS FOLLOWS:

Section 1. NRS
623.190 is hereby amended to read as follows:

623.190 1. Any person who is at least 21 years of age
and of good moral character and who meets the requirements for education and
practical training established by the Board by regulation may apply to the
Board for registration pursuant to the provisions of this section as an
architect.

2. Each year of study, up to and including 5 years of
study, satisfactorily completed in an architectural program accredited by the
National Architectural Accrediting Board, any program of architecture in the
State of Nevada or any architectural program approved by the State Board of
Architecture, Interior Design and Residential Design is considered equivalent
to 1 year of experience in architectural work for the purpose of registration
as an architect.

3. The Board shall, by regulation, establish standards
for examinations which must be consistent with standards employed by other
states. The Board may adopt the standards of the National Council of
Architectural Registration Boards, and the examination and grading procedure of
that organization, as they exist on the date of adoption. Examinations may
include tests in such technical and professional subjects as are prescribed by
the Board.

4. If the Board adopts the examination of the National
Council of Architectural Registration Boards, an applicant for registration as
an architect who wishes to:

(a) Take the examination must pay to the entity which
administers the examination the fee charged by that entity for taking the
examination and pay to the Board a processing fee as provided in NRS 623.310.

(b) Retake any part or parts of the examination which
he previously failed must pay to the entity which administers the examination
the fee charged by that entity for retaking that part or parts.

5. Any person who is at least 21 years of age and of
good moral character and who has a total of 5 years of credit for education or
practical training, or a combination thereof which is acceptable to the Board,
may apply to the Board for registration as a residential designer. The Board shall,
by regulation, establish the amount of credit allowed for education, practical
training or a combination thereof.

6. The Board shall, by regulation, establish the
standards for the examination to qualify as a residential designer. The
examination must consist of at least the following subjects:

(a) Structural technology;

(b) Materials and methods of construction;

(c) [Systems for environmental control;]Building systems and life safety;
and

(d) Graphic design.

7. Before being issued a certificate of registration
to engage in the practice of architecture or residential design, each applicant
must personally appear before the Board to take an oath prescribed by the
Board.

8. Any application to the Board may be denied for any
violation of the provisions of this chapter.

Sec. 2. NRS 623.192
is hereby amended to read as follows:

623.192 1. An applicant for a certificate of
registration to practice as a registered interior designer must be of good
moral character and submit to the Board:

(a) An application on a form provided by the Board;

(b) The fees required pursuant to NRS 623.310;

(c) Proof which is satisfactory to the Board that the
applicant has at least 2 years of experience in interior design;

(d) Proof which is satisfactory to the Board that the
applicant has successfully completed:

(1) A program of interior design accredited by
the [Foundation for Interior Design Education Research]Council for Interior Design
Accreditation or any successor in interest to that organization;

(2) A substantially equivalent program of
interior design approved by the Board; or

(3) A program of interior design, other than a
program described in subparagraph (1) or (2), which culminated in the award of
a bachelors degree or higher degree more than 5 years before the date of the
application if the applicant possesses a combination of education and
experience in interior design deemed suitable by the Board;

(e) A certificate issued by the National Council for
Interior Design Qualification as proof that the applicant has passed the
examination prepared and administered by that organization; and

(f) All information required to complete the
application.

2. The Board shall, by regulation, adopt the standards
of the National Council for Interior Design Qualification for the experience
required pursuant to the provisions of paragraph (c) of subsection 1 as those
standards exist on the date of the adoption of the regulation.

3. Before being issued a certificate of registration
to practice as a registered interior designer, each applicant must personally
appear before the Board to take an oath prescribed by the Board.

4. Any application submitted to the Board may be
denied for any violation of the provisions of this chapter.

Sec. 3. NRS 623.350
is hereby amended to read as follows:

623.350 1. Each office or place of business in this
State of any partnership, corporation, limited-liability company or other
business organization or association that engages in the practice of
architecture or residential design, or practice as a registered interior
designer , including, without
limitation, any business organization or association practicing
pursuant to the provisions of NRS 623.349 , must have an architect, registered
interior designer or residential designer who is a resident of this State and
holds a certificate of registration issued pursuant to this chapter regularly working
in the office or place of business and having responsible control for the
architectural work or work relating to engaging in practice as a registered
interior designer conducted in the office or place of business. The provisions
of this subsection do not apply to partnerships, corporations,
limited-liability companies or other business [organization]organizations or
associations that engage in the practice of architecture or residential design
or practice as a registered interior designer at offices established for
construction administration.

2. A registrant or licensee practicing in a business
organization or association which holds a certificate issued pursuant to NRS
623.349 remains subject to NRS 89.220.

3. If a person who is not registered or licensed, or a
registrant or licensee who is not an owner, and who is employed by or
affiliated with a business organization or association which holds a
certificate issued pursuant to NRS 623.349 is found by the Board to have
violated a provision of this chapter or a regulation of the Board, the Board
may hold the business organization or association and the registrants and
licensees who are owners responsible for the violation.

623.365 In addition to any other civil penalty
provided by law, a person who violates any provision of this chapter or any
regulation adopted by the Board is subject to a civil penalty of not more than
$10,000 for each violation. Any such penalty must be imposed by the Board :

1. If the
person holds a certificate issued pursuant to the provisions of this chapter,
at a hearing conducted pursuant to the provisions of chapter 622A of NRS.

2. If the
person does not hold a certificate issued pursuant to the provisions of this
chapter, at a hearing for which written notice has been given not less than 30
days before the hearing.

Sec. 5. This act becomes effective upon passage and
approval.

________

CHAPTER 84, SB 129

Senate Bill No.
129Senator Hardy

CHAPTER 84

AN ACT
relating to dentistry; revising provisions governing continuing education for
dentists and dental hygienists relating to the medical consequences of an act
of terrorism that involves the use of a weapon of mass destruction; and
providing other matters properly relating thereto.

[Approved: May 18,
2009]

Legislative Counsels Digest:

This bill provides that a course in Basic Disaster Life
Support, Core Disaster Life Support or the equivalent thereof may satisfy the
requirements for continuing education in the medical consequences of an act of
terrorism that involves the use of a weapon of mass destruction. (NRS 631.342)

(c) The requirements for submission of proof of
attendance at courses .[; and

(d) A
provision requiring the completion of]

2. Except
as otherwise provided in subsection 3, as part of his continuing education,
each licensee must complete a course of instruction, within 2
years after initial licensure, relating to the medical consequences of an act
of terrorism that involves the use of a weapon of mass destruction. The course
must provide at least 4 hours of instruction that includes instruction in the
following subjects:

[(1)](a) An overview of acts of terrorism and
weapons of mass destruction;

[(4)](d) Syndromic surveillance and reporting
procedures for acts of terrorism that involve biological agents; and

[(5)](e) An overview of the information available
on, and the use of, the Health Alert Network.

[Κ The]

3. Instead
of the course described in subsection 2, a licensee may complete:

(a) A
course in Basic Disaster Life Support or a course in Core Disaster Life Support
if the course is offered by a provider of continuing education accredited by
the National Disaster Life Support Foundation; or

(b) Any
other course that the Board determines to be the equivalent of a course
specified in paragraph (a).

4. Notwithstanding
the provisions of subsections 2 and 3, the Board may [thereafter]
determine whether to include in a program of continuing education additional
courses of instruction relating to the medical consequences of an act of
terrorism that involves the use of a weapon of mass destruction.

[2.]5. As used in this section:

(a) Act of terrorism has the meaning ascribed to it
in NRS 202.4415.

(b) Biological agent has the meaning ascribed to it
in NRS 202.442.

(c) Chemical agent has the meaning ascribed to it in
NRS 202.4425.

(d) Radioactive agent has the meaning ascribed to it
in NRS 202.4437.

(e) Weapon of mass destruction has the meaning
ascribed to it in NRS 202.4445.

________

κ2009
Statutes of Nevada, Page 303κ

CHAPTER 85, SB 220

Senate Bill No. 220Committee on Health and Education

CHAPTER 85

AN ACT relating to public health; providing for the establishment of the
Chronic Obstructive Pulmonary Disease Program within the Health Division of the
Department of Health and Human Services; and providing other matters properly
relating thereto.

[Approved: May 18,
2009]

Legislative Counsels Digest:

This bill requires the Health Division of the Department
of Health and Human Services to establish, within the limits of available
money, the Chronic Obstructive Pulmonary Disease Program within the Division in
order to establish strategies for reducing the impact of chronic obstructive
pulmonary disease and to coordinate efforts to assist persons with chronic
obstructive pulmonary disease in this State. This bill also authorizes the
Health Division to apply for and accept gifts, grants and bequests to carry out
the Program.

Whereas, Chronic
obstructive pulmonary disease is a progressive disease of the airways that is
characterized by a gradual loss of lung function, including emphysema and
chronic bronchitis; and

Whereas, Chronic
obstructive pulmonary disease is currently the fourth leading cause of death in
the United States, resulting in approximately 120,000 deaths annually; and

Whereas, Nationally,
more than 12 million persons have been diagnosed with chronic obstructive
pulmonary disease and an additional 12 million persons have evidence of
impaired lung function, indicating that chronic obstructive pulmonary disease is
underdiagnosed; and

Whereas, Approximately
112,000 residents of Nevada are currently living with chronic obstructive
pulmonary disease; and

Whereas, In
2007, the costs associated with chronic obstructive pulmonary disease were
approximately $42.6 billion, including $27.7 billion in direct health care
costs; and

Whereas, Early
diagnosis and appropriate treatment of chronic obstructive pulmonary disease
reduces the financial costs associated with the disease and improves the
quality of life of persons suffering from the disease; now, therefore,

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
439 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 and 3 of this act.

Sec. 2. Within
the limits of available money, the Health Division shall establish the Chronic
Obstructive Pulmonary Disease Program to establish strategies for reducing the
impact of chronic obstructive pulmonary disease and to coordinate efforts to
assist persons with chronic obstructive pulmonary disease in this State,
including, without limitation:

1. Developing
effective strategies for the prevention and early diagnosis of chronic
obstructive pulmonary disease;

3. Increasing
public knowledge and awareness of chronic obstructive pulmonary disease,
including, without limitation, the education of persons with chronic
obstructive pulmonary disease, their families, health care professionals,
providers of health care and the public on matters relating to chronic
obstructive pulmonary disease; and

4. Soliciting
funding and other resources to ensure the continuation of the Chronic Obstructive
Pulmonary Disease Program and other programs which address issues relating to
chronic obstructive pulmonary disease.

Sec. 3. 1. The
Health Division may apply for and accept gifts, grants and bequests to carry
out the provisions of this section and section 2 of this act.

2. Any money
that is accepted by the Health Division pursuant to subsection 1 and any
legislative appropriations made to carry out the Chronic Obstructive Pulmonary
Disease Program established pursuant to section 2 of this act must be deposited
in the State Treasury and accounted for separately in the State General Fund.

3. Except as
otherwise provided by the terms of a gift, grant or bequest, expenditures from
the account must be made only for carrying out the provisions of this section
and section 2 of this act.

4. The
Administrator shall administer the account.

5. Money in
the account does not revert to the State General Fund at the end of a fiscal
year. The interest and income earned on the money in the account, after
deducting any applicable charges, must be credited to the account. Any claims
against the account must be paid as other claims against the State are paid.

Sec. 4. This act becomes effective on July 1, 2009.

________

κ2009
Statutes of Nevada, Page 305κ

CHAPTER 86, SB 280

Senate Bill No. 280Senator McGinness

CHAPTER 86

AN ACT relating to hunting; making it unlawful to hunt in the Carson
Lake Wildlife Management Area without a permit or other documentation specified
by the Department of Wildlife; requiring the Department to charge and collect
certain fees; providing a penalty; and providing other matters properly
relating thereto.

[Approved: May 18,
2009]

Legislative Counsels Digest:

Section 2 of this bill makes it unlawful for a
person to hunt in the Carson Lake Wildlife Management Area unless he carries
upon his person a special permit issued for that purpose on a form prescribed
by the Department of Wildlife or carries certain other documentation specified
by the Department. The provisions of NRS 501.385 and 502.010 make a violation
of section 2 a misdemeanor. Section 2 also sets forth the fees
that a person must pay for such a permit or documentation. Section 3 of
this bill requires the money received by the Department for such a permit or
documentation to be deposited in the Wildlife Account in the State General Fund
and requires the Department to use the money to operate and manage the Carson
Lake Wildlife Management Area.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 501.356
is hereby amended to read as follows:

501.356 1. Money received by the Department from:

(a) The sale of licenses;

(b) Fees pursuant to the provisions of NRS 488.075 and
488.1795;

(c) Remittances from the State Treasurer pursuant to
the provisions of NRS 365.535;

(d) Appropriations made by the Legislature; and

(e) All other sources, except money derived from the
forfeiture of any property described in NRS 501.3857 or money deposited in the
Wildlife Heritage Trust Account pursuant to NRS 501.3575 or in the Trout
Management Account pursuant to NRS 502.327,

Κ must be
deposited with the State Treasurer for credit to the Wildlife Account in the
State General Fund.

2. The interest and income earned on the money in the
Wildlife Account, after deducting any applicable charges, must be credited to
the Account.

3. Except as otherwise provided in subsection 4, the
Department may use money in the Wildlife Account only to carry out the
provisions of this title and chapter 488 of NRS and as provided in NRS 365.535,
and the money must not be diverted to any other use.

4. Except as otherwise provided in NRS 502.250 and
504.155, and section 3 of this
act, all fees for the sale or issuance of stamps, tags, permits
and licenses that are required to be deposited in the Wildlife Account pursuant
to the provisions of this title must be accounted for separately and may be
used only for the management of wildlife.

Sec. 1.5. Chapter
502 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 and 3 of this act.

Sec. 2. 1. Except
as otherwise provided in subsection 2, it is unlawful for any person to hunt in
the Carson Lake Wildlife Management Area unless, at the time of entry and while
hunting, he carries upon his person:

(a) An
unexpired permit issued for that purpose on a form specified by the Department;
or

(b) Any other
documentation specified by the Department as proof that the person has paid to
the Department, for the period of licensing that includes the time the person
is hunting, a fee that is equal to the amount of the fee required pursuant to
subsection 4 for a seasonal permit or daily permit, as appropriate.

2. The
provisions of subsection 1 do not apply to a person under 16 years of age who
is accompanied by a person who is carrying upon his person the permit or
documentation required pursuant to subsection 1.

3. A permit
issued pursuant to subsection 1 may be sold only by the Department or a person
designated by the Department.

4. The
Department shall charge and collect the following fees for issuing a permit
pursuant to subsection 1:

(a) Sixty
dollars for a seasonal permit, the effective dates of which must, as determined
by the Department, coincide with the license to hunt of the person purchasing
the permit.

(b) Fifteen
dollars for a daily permit. The Department shall not make a daily permit
specified in this paragraph available for purchase before the second Monday of
the open season for ducks.

5. The fee
required pursuant to subsection 4 is in addition to any fee required for a
license or permit to hunt pursuant to NRS 502.240.

Sec. 3. 1. Any
money received by the Department pursuant to section 2 of this act must be
deposited with the State Treasurer for credit to the Wildlife Account in the
State General Fund.

2. The
Department:

(a) Shall
maintain separate accounting records for the receipt and expenditure of any
money pursuant to this section or section 2 of this act; and

(b) Must use
the money to operate and manage the Carson Lake Wildlife Management Area.

Sec. 4. This act becomes effective on July 1, 2010,
or upon conveyance of the Carson Lake Pasture to the State of Nevada in
accordance with chapter 209, Statutes of Nevada 1993, at page 447, whichever is
later.

AN ACT
relating to public health; revising provisions relating to certain tests for
certain communicable diseases; and providing other matters properly relating
thereto.

[Approved: May 18,
2009]

Legislative Counsels Digest:

Existing law requires physicians and persons who attend
to pregnant women to conduct a test for syphilis on pregnant women during the
third trimester of pregnancy. (NRS 442.010) Section 1 of this bill
requires an additional test for syphilis during the first trimester of
pregnancy.

The State Board of Health is required to regulate certain
medical laboratories and may adopt regulations concerning those laboratories.
(Chapter 652 of NRS) Federal laws and regulations relating to medical
laboratories provide three categories of laboratory tests: (1) waived tests;
(2) tests of moderate complexity; and (3) tests of high complexity. (42 C.F.R.
§ 493.5) Existing state law provides that regulations adopted by the Board may
not be more stringent than the federal regulations unless the regulations
relate to waived tests or the qualifications and duties of the personnel of a
medical laboratory. (NRS 652.123) Section 3 of this bill provides that
regulations relating to tests for the detection of the human immunodeficiency
virus, regardless of whether it is a waived test, may not be more stringent
than federal regulations. Section 2 of this bill requires a laboratory
which conducts a test for the detection of the human immunodeficiency virus
that is classified as a waived test to: (1) conduct the test in accordance with
the quality assurance guidelines established by the Centers for Disease Control
and Prevention of the United States Department of Health and Human Services;
and (2) comply with certain reporting requirements.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
442.010 is hereby amended to read as follows:

442.010 1. Except as otherwise provided in subsection 5, every:

(a) Physician attending a pregnant woman during
gestation for conditions relating to her pregnancy shall make an examination,
including a standard serological test, for the discovery of syphilis. He shall
take or cause to be taken a sample of blood of the woman during the first and third [trimester]trimesters and shall
submit the sample to a qualified laboratory for a standard serological test for
syphilis.

(b) Person permitted by law to attend upon pregnant
women, but not permitted by law to make blood tests in Nevada, shall cause a
sample of the blood of the pregnant woman to be taken during the first and third [trimester]trimesters by a duly
licensed physician and submitted to a qualified laboratory for a standard
serological test for syphilis.

2. A qualified laboratory is one approved by the State
Board of Health. A qualified serological test for syphilis is one recognized as
such by the State Board of Health.

3. If the test is made in a state laboratory, it must
be made without charge.

4. If the serological or physical examination test
shows the pregnant woman is infected with syphilis, she immediately shall
commence treatment for syphilis and shall continue treatment until discharged
by a licensed physician.

5. If the pregnant woman objects to the taking of the
sample of blood or the serological test because the test is contrary to the
tenets or practices of her religion, the sample must not be taken and the test
must not be performed.

Sec. 2. Chapter 652 of
NRS is hereby amended by adding thereto a new section to read as follows:

A laboratory
which conducts a laboratory test for the detection of the human
immunodeficiency virus that is classified as a waived test pursuant to the
provisions of Part 493 of Title 42 of the Code of Federal Regulations shall:

1. Conduct the
test in accordance with the quality assurance guidelines relating to testing
using rapid human immunodeficiency virus antibody tests established by the
Centers for Disease Control and Prevention of the United States Department of
Health and Human Services; and

2. Comply with
the provisions of NRS 441A.150 and any regulations adopted pursuant to chapter
441A of NRS relating to the reporting of communicable diseases.

Sec. 3. NRS 652.123
is hereby amended to read as follows:

652.123 Regulations adopted by the Board pursuant to
this chapter may not be more stringent than the provisions of Part 493 of Title
42 of the Code of Federal Regulations, except that the Board may adopt
regulations which are more stringent relating to:

1. Any laboratory test , other than a test for the detection of the human
immunodeficiency virus, classified as a waived test pursuant to
the provisions of Part 493 of Title 42 of the Code of Federal Regulations; and

2. The qualifications and duties of the personnel of a
medical laboratory.

AN ACT
relating to public welfare; requiring the Office of the Director of the
Department of Health and Human Services to study issues relating to Medicaid in
this State; and providing other matters properly relating thereto.

[Approved: May 18,
2009]

Legislative Counsels Digest:

Existing law requires the Department of Health and Human
Services to administer all public welfare programs in this State, including
Medicaid, and to adopt a State Plan for Medicaid. (NRS 422.270, 422.271) This
bill requires the Office of the Director of the Department, to the extent money
is available from gifts, grants and donations, to hire a consultant to study
the financing, including the financial sustainability, of Medicaid in this
State and to conduct an analysis of the rates paid by Medicaid in this State.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. To the extent money is
available, the Office of the Director of the Department of Health and Human
Services shall hire a consultant to:

(a) Study the financing of Medicaid in this State,
including, without limitation:

(1) The financial sustainability of Medicaid in this
State; and

(2) Any financial strategies available to ensure the
financial sustainability of Medicaid in this State; and

(b) Analyze the rates paid by Medicaid in this State.

2. The Office of the Director may apply for and accept any
gift, donation, bequest, grant or other source of money from any public or
private source to carry out the provisions of this section. Any money that is
accepted by the Office of the Director:

(a) Must be deposited in the State Treasury and accounted
for separately in the State General Fund, to be administered by the Director.

(b) Does not lapse to the State General Fund at the end of a
fiscal year.

3. The Office of the Director shall submit to the
Legislative Committee on Health Care quarterly reports concerning the amount of
money available pursuant to subsection 2 and the progress of the consultant
hired pursuant to subsection 1, if any. On or before July 1, 2010, the Office
of the Director shall submit to the Legislative Committee on Health Care any
recommendations for legislation relating to the financing of Medicaid in this
State and the rates paid by Medicaid in this State.

Sec. 2. This act becomes effective upon passage and
approval for the purposes of accepting money pursuant to subsection 2 of
section 1 of this act and on July 1, 2009, for all other purposes.

________

κ2009
Statutes of Nevada, Page 310κ

CHAPTER 89, SB 335

Senate Bill No.
335Committee on Commerce and Labor

CHAPTER 89

AN ACT
relating to accountants; revising provisions governing registration of and
professional accounting services provided by partnerships, corporations,
limited-liability companies and sole proprietorships; providing for practice
privileges to be granted to certain persons not licensed in this State under
certain circumstances; revising provisions governing competency requirements,
discipline, licensing requirements and retention of documents; and providing
other matters properly relating thereto.

[Approved: May 18,
2009]

Legislative Counsels Digest:

Sections 4, 14-21, 26, 28 and 30-34 of this bill
revise provisions governing the registration of domestic and foreign
partnerships, corporations, limited-liability companies and sole
proprietorships performing professional accounting services in this State to
require registration under certain circumstances and to specify certain
services which may be performed without registration under certain
circumstances, as well as revise related provisions governing such practice.

Sections 5, 9, 27, 29 and 31-35 of this bill set
forth the conditions under which a natural person who holds a valid license as
a certified public accountant in another state shall be deemed to be granted
the practice privileges of a certified public accountant in this State and
revise related provisions governing such practice.

Section 6 of this bill establishes the competency
requirements which must be met by a person who signs or authorizes another to
sign an accountants report on financial statements.

Sections 10 and 22 of this bill revise the
authority of the Nevada State Board of Accountancy to revoke or refuse to grant
a certificate, a permit or practice privileges of a certified public
accountant.

Sections 11-13 of this bill authorize the Board to
use all or any part of a certain providers examination and grading service and
to prescribe by regulation the education required for an applicants
eligibility to take that examination.

Section 23 of this bill revises provisions
relating to the Boards conduct of disciplinary proceedings.

Sections 24 and 25 of this bill revise provisions
relating to the retention of documents associated with the rendering of certain
professional services.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
628 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 6, inclusive, of this act.

Sec. 2. Compilation means the presentation, in the form of financial statements
prepared in accordance with the Statements on Standards for Accounting and
Review Services (SSARS) published by the American Institute of Certified
Public Accountants, of information that is a representation by the owner or
management of an entity without undertaking to state or imply assurance of the
reliability of the information.

Sec. 3. Home
office means the location specified by a client of an accountant as the
address of an entity for which the accountant practices public accounting,
performs an attestation or compilation or performs other professional services
within the practice of public accounting.

Sec. 4. 1. The
Board shall grant or renew registration to a partnership, corporation,
limited-liability company or sole proprietorship that demonstrates its
qualifications therefor in accordance with this chapter.

2. A
partnership, corporation or limited-liability company with an office in this
State shall register with the Board if the partnership, corporation or
limited-liability company:

(a) Performs
attest services;

(b) Performs
compilation services;

(c) Is
engaged in the practice of public accounting; or

(d) Is
styled and known as a certified public accountant or uses the abbreviation
C.P.A.

3. A
partnership, corporation, limited-liability company or sole proprietorship that
does not have an office in this State:

(a) Shall
register with the Board if the partnership, corporation, limited-liability
company or sole proprietorship performs attest services for a client having his
home office in this State.

(b) May
practice public accounting, may perform compilation services or other
professional services within the practice of public accounting other than
attest services for a client having his home office in this State, may be
styled and known as a certified public accountant and may use the title or
designation certified public accountant and the abbreviation C.P.A. without
registering with the Board if:

(1) Persons
who are certified public accountants in any state constitute a simple majority,
in terms of financial interests and voting rights of all partners,
shareholders, officers, members and principals thereof, of the ownership of the
partnership, corporation, limited-liability company or sole proprietorship;

(2) The
partnership, corporation, limited-liability company or sole proprietorship
complies with the provisions of subsection 5 of NRS 628.325, if applicable;

(3) A
natural person granted practice privileges pursuant to section 5 of this act
practices such public accounting or performs such compilation services or such
other professional services within the practice of public accounting for the
client having his home office in this State; and

(4) The
partnership, corporation, limited-liability company or sole proprietorship can
lawfully perform such services in the state where the natural person described
in subparagraph (3) has his principal place of business.

4. A
natural person granted practice privileges pursuant to section 5 of this act
must not be required to obtain a permit from this State pursuant to NRS 628.380
if he performs such professional services for:

(a) Which
a partnership, corporation, limited-liability company or sole proprietorship is
required to register pursuant to subsection 2 or 3; or

(b) A
partnership, corporation or limited-liability company registered pursuant to the
provisions of NRS 628.325.

Sec. 5. 1. Except
as otherwise provided in this chapter, a natural person who holds a valid
license as a certified public accountant from any state other than this State shall be deemed to be a certified
public accountant for all purposes under the laws of this State other than this
chapter.

state other than this
State shall be deemed to be a certified public accountant for all purposes
under the laws of this State other than this chapter.

2. A
natural person granted practice privileges pursuant to subsection 1 is not
required to obtain:

(a) A
certificate pursuant to NRS 628.190; or

(b) A
permit pursuant to NRS 628.380.

3. A
natural person granted practice privileges pursuant to subsection 1 and a
partnership, corporation, limited-liability company or sole proprietorship that
employs such a person shall be deemed to consent, as a condition of the grant
of such practice privileges:

(a) To the
personal and subject matter jurisdiction, and disciplinary authority, of the
Board.

(b) To
comply with the provisions of this chapter and the regulations of the Board.

(c) That,
in the event that the license from the state wherein the natural persons
principal place of business is located becomes invalid, the natural person will
cease offering or engaging in the practice of professional accounting in this
State individually and on behalf of a partnership, corporation,
limited-liability company or sole proprietorship.

(d) To the
appointment of the state board that issued the license as the agent upon whom
process may be served in any investigation, action or proceeding relating to
the natural person or the partnership, corporation, limited-liability company
or sole proprietorship by the Board.

4. A natural
person granted practice privileges pursuant to subsection 1 may perform attest
services for a client having his home office in this State only if the
partnership, corporation, limited-liability company or sole proprietorship that
employs the person is registered pursuant to section 4 of this act.

Sec. 6. A
person who, on his own behalf or on behalf of a partnership, corporation,
limited-liability company or sole proprietorship, signs or authorizes another
to sign an accountants report on financial statements shall meet the
requirements for competency as set forth in the professional standards of
accounting.

Sec. 7. NRS 628.003 is
hereby amended to read as follows:

628.003 As used in this chapter, unless the context
otherwise requires, the words and terms defined in NRS 628.005 to 628.033,
inclusive, and sections 2 and 3 of
this act have the meanings ascribed to them in those sections.

Sec. 8. NRS 628.005
is hereby amended to read as follows:

628.005 Attest, attesting and attestation mean
the issuance of opinions, reports or other documents which state or imply
assurance of the reliability of [any financial] information when the opinions,
reports or other documents are accompanied by or contain any name, title or
wording which [indicate]indicates that the person or other entity
which has issued them is an accountant or auditor, or has expert knowledge in
accounting or auditing. The terms include any disclaimer of an opinion when the
disclaimer is in a form which is understood to imply any positive assurance of
the reliability of the information and expertise on the part of the person
making the disclaimer.